1,231 Florida cases classified under this topic, plus 996 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort
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454 F.2d 849·
8th Cir.·
1971-12-22
·cited 30×
The court held that the anti-riot statute is constitutional and applies to acts obstructing law enforcement during a civil disorder affecting federally protected functions, and that the prosecution did not violate double jeopardy principles.
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The court held that sanctions against a teacher for conduct not previously deemed impermissible, without notice, violate due process.
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Appellants Crossen and Craddock have standing and presented a case or controversy; appellant Pozzuto and the Women's Liberation Group lack standing. A three-judge court must be convened for the remaining appellants.
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437 F.2d 352·
5th Cir.·
1971-01-05
·cited 30×
The court affirmed the dismissal, holding that federal courts should abstain from deciding a constitutional challenge to a local ordinance when state courts can resolve the underlying state law issues, and that federal courts are generally prohibited from enjoining pending state
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The Florida Supreme Court answered certified questions regarding whether the Florida Drug Abuse Law prohibits possession and delivery of LSD and whether the statutory language is sufficiently precise to avoid vagueness challenges. The Court held that the legislature intended to r
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317 F.2d 901·
D.C. Cir.·
1962-07-12
·cited 30×
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A conviction for willful failure to pay federal income tax involves moral turpitude under federal immigration law, regardless of state court interpretations.
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The dissenting judge believes the statute covers payments to union officials, even if not for the union treasury or during negotiation.
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The court held that the relator was subject to deportation based on prior convictions and that the Immigration and Nationality Acts were constitutional as applied. The court also affirmed the lower court's dismissal of the writ of habeas corpus.
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919 F.2d 1493·
11th Cir.·
1990-12-27
·cited 29×
The majority's interpretation of the statute to permit booksellers to avoid criminal penalties by using 'blinder racks' is not reasonable given the statutory language.
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763 F.2d 1212·
11th Cir.·
1985-06-21
·cited 29×
The court held that Section 29-100(b)(2) of the Gainesville Sign Ordinance is facially unconstitutional due to overbreadth and vagueness, and that the petitioner has standing to challenge it.
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643 F.2d 618·
9th Cir.·
1981-04-23
·cited 29×
The court held that the plaintiffs lacked standing to challenge most provisions of the Federal Land Policy and Management Act due to insufficient allegations of actual or threatened injury, and that the remaining claims lacked merit.
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432 F.2d 493·
9th Cir.·
1970-09-17
·cited 29×
The court held that the district court properly dismissed the complaint, refusing to convene a three-judge court, as there was no genuine threat of irreparable harm or chilling effect on First Amendment rights to warrant injunctive relief.
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The court held that the pre-amendment Unified Development Code prohibited short-term rentals, meaning plaintiffs do not have a grandfathered right to continue such rentals under the amended ordinance.
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912 F.2d 1397·
11th Cir.·
1990-09-26
·cited 28×
The court held that 18 U.S.C. § 208(a) is a strict liability offense regarding the first three elements but requires knowledge of the financial interest. The court also held that entrapment by estoppel can be a defense even in strict liability cases.
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885 F.2d 1328·
8th Cir.·
1989-09-18
·cited 28×
The court affirmed the district court's grant of habeas corpus relief, finding that the 'depravity of mind' jury instruction was unconstitutionally vague and that the prosecutor's penalty phase argument was improper.
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837 F.2d 1268·
5th Cir.·
1988-02-10
·cited 28×
The court held that the City of Houston's ordinance regulating sexually oriented businesses, as applied to topless bars, is constitutional under the First, Fifth, and Fourteenth Amendments and does not conflict with state law.
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477 So. 2d 557·
Fla.·
1985-10-10
·cited 28×
Jimmie Lee Alexander was charged with carrying a concealed weapon in violation of Florida law. The Florida Supreme Court held that the concealed weapons statute and its exceptions are constitutional, but that Alexander's firearm, which was in a zippered pouch in his car, qualifie
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734 F.2d 608·
11th Cir.·
1984-06-18
·cited 28×
The court held that nude sunbathing is not a form of expression protected by the First Amendment and is therefore subject to governmental proscriptions.
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The court held that the portion of 18 U.S.C. § 844(j) defining 'explosive' was not void for vagueness and that substantial evidence supported the jury's verdict.
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655 F.2d 848·
8th Cir.·
1981-07-08
·cited 28×
The court held that while some abortion regulations are constitutional, others, particularly those requiring parental notice for mature minors or imposing strict liability without scienter, are not. The hospitalization requirement for second-trimester abortions requires further f
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A statute is unconstitutionally vague if it is so indefinite that it amounts to no rule or standard at all, even in the commercial context. The statute here, while imperfect, is sufficiently comprehensible to be interpreted.
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The court held that a union cannot discipline members for exercising rights protected by the Landrum-Griffin Act and that a motion for judgment notwithstanding the verdict is procedurally barred if a directed verdict motion was not renewed.
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623 F.2d 845·
3d Cir.·
1980-05-01
·cited 28×
The court held that the trial court erred in granting summary judgment on the First Amendment 'chill' claim because it applied an incorrect legal standard regarding standing and the subjective nature of chilling effects.
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The court held that the defendant's convictions for transporting obscene materials were valid, affirming the prior judgment.
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288 So. 2d 243·
Fla.·
1973-12-19
·cited 28×
The Florida Supreme Court reversed the trial court's dismissal of an indictment charging profane language and resisting arrest, holding that Florida's profane language statute (Fla.Stat. § 847.04) is constitutional and not impermissibly vague, overbroad, or violative of First Ame
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The dissenting judge would affirm the district court's judgment, finding that the disciplinary action against the appellants was based on their conduct, considering the content and effect of their sign, rather than solely on the sign's content.
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The court held that the evidence supported a single conspiracy conviction and that the trial court did not err in admitting evidence or denying discovery motions.
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278 So. 2d 611·
Fla.·
1973-05-30
·cited 28×
The court held that the words 'unnatural and lascivious' in Fla.Stat. § 800.02 are not unconstitutionally vague.
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A conviction for contemptuously burning a flag under 18 U.S.C. § 700 violates the First Amendment because the statute and prosecution are aimed at suppressing communicative expression, not regulating non-communicative conduct.
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437 F.2d 344·
2d Cir.·
1970-12-24
·cited 28×
New York General Business Law § 136(a) is unconstitutional on its face and as applied because it is overbroad, vague, and infringes upon First Amendment rights by prohibiting a wide range of expressive conduct involving the American flag.
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423 F.2d 834·
9th Cir.·
1970-03-20
·cited 28×
The court held that 18 U.S.C. § 2113(c) is constitutional and not vague, and that the appellant was properly sentenced under its provisions.
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Truly Nolen challenges a declaratory decree enforcing an advertising lease agreement with Atlas Moving & Storage. The appellate court reversed the decree, holding that the lease was unenforceable because it was fatally vague regarding the essential subject matter—the advertising
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Phillips Petroleum sought a permit to build a gasoline filling station on property zoned for business in Lakeland, Florida. The Florida Supreme Court held that a subsection of the city zoning ordinance that gave the Building Inspector discretion to deny permits based on vague cri
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Ronald A. Brenson, a federal grand juror, was convicted of obstructing justice under 18 U.S.C. § 1503 and conspiracy to obstruct justice under 18 U.S.C. § 371 after disclosing secret grand jury information to the target of the investigation and his associates prior to indictment.
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813 F.2d 1523·
9th Cir.·
1987-04-06
·cited 27×
The court held that the Fair Housing Act's prohibition against intimidation extends to an adoption agency director's efforts to place minority children in dwellings, and that the district court abused its discretion by dismissing the indictment with prejudice without sufficient c
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748 F.2d 1161·
7th Cir.·
1984-11-14
·cited 27×
The court held that the individual defendants were entitled to qualified immunity and that one of the departmental rules was facially valid, but remanded for further factual development on other claims.
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651 F.2d 1198·
6th Cir.·
1981-06-12
·cited 27×
The dissenting judge believes the majority's two-step analysis for abortion regulations is not supported by Supreme Court precedent, which generally focuses on whether regulations unduly burden the right to abortion.
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The court held that the Commodity Exchange Act and its regulations were not void for vagueness, and that the Commission's actions were not barred by equitable estoppel or laches. The court affirmed the Commission's cease and desist order.
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541 F.2d 741·
8th Cir.·
1976-09-09
·cited 27×
The court held that the wiretap affidavit sufficiently met the necessity requirements, the failure to cite a specific state statute was not a fatal defect, the state gambling statute was not unconstitutionally vague or overbroad as applied to the defendants, and the evidence was
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The court held that warehouse receipts for bulk whiskey are commodities subject to federal price control regulations under the Price Control Act, and the regulations were not invalid due to vagueness or conflict with the Twenty-First Amendment.
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The Eleventh Circuit certified a question about the interpretation of Florida's riot statute to the Florida Supreme Court, finding it appropriate to allow the state court to interpret the law before ruling on its constitutionality.
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The Florida Supreme Court held that a felon-in-possession statute's exemption for 'replicas' of 'antique firearms' is not unconstitutionally vague, interpreting 'replica' to emphasize the firearm's ignition or firing system as its distinctive feature rather than requiring an exac
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The Florida Supreme Court held that the L.B. v. State decision clarifying that a common pocketknife with a blade of four inches or less is not a 'weapon' under Florida law is an evolutionary refinement, not a jurisprudential upheaval, and therefore does not apply retroactively to
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The court held that the government established sufficient probable cause for forfeiture and that the district court did not err in striking the appellant's affidavit after he invoked the Fifth Amendment privilege at his deposition.
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Correctional officers Powell and Roulhac were convicted of malpractice by a jailer under Florida Statute § 950.09 for using excessive force on inmates. They appealed, arguing the statute's prohibition on "willful inhumanity and oppression" is unconstitutionally vague, but the cou
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808 F.2d 1023·
3d Cir.·
1987-01-12
·cited 26×
The court held that Pace's allegations did not state a claim for a taking under the Fifth Amendment or a violation of substantive due process, and that no additional federal relief was available.
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770 F.2d 1093·
D.C. Cir.·
1985-08-13
·cited 26×
The court held that adjudication of the appellant's claims challenging the facial constitutionality of the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980 (Count One) and its application to him (Count Two) was premature, while affirming the dismissal of t
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The court affirmed the district court's summary judgment, holding that the Georgia No-Fault Act, despite its "tortured history" of interpretation, was not unconstitutionally vague or a denial of due process or equal protection.