Vagueness

268 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• United States v. Lane
  765 F.2d 1376· 9th Cir.· 1985-07-16 ·cited 32×
  The court held that the trial court did not err in denying the motion for a continuance, nor was the indictment insufficient, and the evidence was sufficient to support the conviction for conspiracy to defraud the United States.
• The City OF Hialeah v. Rehm
  455 So. 2d 458· Fla. 3d DCA· 1984-08-07 ·cited 32×
  The City of Hialeah and its police officers appealed a directed verdict judgment awarding $25,000 to Stephen Rehm for false arrest and false imprisonment. The court reversed, holding that the trial court erred in directing a verdict on liability because reasonable jurors could di
• Nat'l Comm'n ON EGG Nutrition & Richard Weiner, Inc. v. Fed. Trade Comm'n
  570 F.2d 157· 7th Cir.· 1977-11-29 ·cited 32×
  The court held that the FTC's order prohibiting false and misleading advertising regarding the link between egg consumption and heart disease was largely valid, but a provision requiring an additional statement was overbroad and needed modification.
• United States ex rel. Frank Stachulak v. Coughlin
  520 F.2d 931· 7th Cir.· 1975-08-06 ·cited 30×
  Due process requires that the state prove a person is sexually dangerous beyond a reasonable doubt for commitment under the Illinois Sexually Dangerous Persons Act.
• United States v. Ramsey
  503 F.2d 524· 7th Cir.· 1974-08-06 ·cited 30×
  Title III of the Omnibus Crime Control and Safe Streets Act of 1968 is not unconstitutional on its face, and the appellant lacked standing to challenge the minimization requirement of the wiretap order.
• Sellers v. The Regents OF the Univ. OF Cal.
  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.
• Father Nathaniel MacHesky v. Honorable William H. Bizzell
  414 F.2d 283· 5th Cir.· 1969-06-05 ·cited 29×
• United States v. Gilbert
  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
• Akron Ctr. FOR Reprod. Health, Inc. v. City OF Akron
  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.
• Lehman v. Lycoming Cnty. Child's. Servs. Agency
  648 F.2d 135· 3d Cir.· 1981-03-31 ·cited 26×
  The district court erroneously dismissed the habeas corpus petition for lack of jurisdiction.
• In re Certain Complaints Under Investigation BY AN Investigating Comm. OF the Jud. Council OF the Eleventh Cir. Betty Ann Williams & Alan Ehrlich v. Mercer
  783 F.2d 1488· 11th Cir.· 1986-02-20 ·cited 25×
  The Court of Appeals for the Eleventh Circuit has exclusive original jurisdiction to enforce or quash subpoenas issued under the Judicial Councils Reform and Judicial Conduct and Disability Act of 1980, and the Act's subpoena provisions are constitutional.
• NEW England Accessories Trade Ass'n, Inc. v. City OF Nashua
  679 F.2d 1· 1st Cir.· 1982-05-24 ·cited 24×
  The court held that neither the City of Nashua's drug paraphernalia ordinance nor New Hampshire's drug paraphernalia statute are unconstitutionally vague or overbroad.
• Hoberman v. State
  400 So. 2d 758· Fla.· 1981-04-30 ·cited 24×
  Tape recordings of conversations held in a defendant's home, made via a body bug worn by an undercover agent transmitting to police outside, should have been suppressed because such recordings violate constitutional protections against private communications in the home.
• Sawyer v. Sandstrom
  615 F.2d 311· 5th Cir.· 1980-04-10 ·cited 24×
  The Dade County loitering ordinance is unconstitutionally overbroad because it punishes mere association with individuals known to be engaged in illegal drug activity, thereby infringing upon First Amendment associational rights.
• Purvis v. State
  377 So. 2d 674· Fla.· 1979-11-21 ·cited 24×
  The Florida Supreme Court held that Fla. Stat. § 798.03, the fornication statute, violates equal protection because it creates a gender-based classification that is not rationally related to any permissible state objective. The Court vacated the convictions and remanded for the s
• DAN J. Sheehan Co. v. Occupational Safety & Health Review Comm'n
  520 F.2d 1036· 5th Cir.· 1975-10-08 ·cited 24×
  The court held that an employer's letter admitting a violation but only contesting the penalty does not preserve the right to challenge the citation's validity. Furthermore, OSHA's enforcement procedures do not unconstitutionally chill an employer's right to a hearing.
• Smith v. United States
  356 F.2d 868· 8th Cir.· 1966-02-23 ·cited 24×
  The court held that the statute was constitutional, the entry offense did not merge with the completed larceny, the sentence was within statutory limits, and the indictment was sufficient for collateral attack.
• Major Media OF THE Se., Inc. v. City OF Raleigh
  792 F.2d 1269· 4th Cir.· 1986-06-12 ·cited 23×
  The court held that the City of Raleigh's amended ordinance regulating outdoor advertising signs was constitutional, did not violate the First Amendment, was not vague, and that the amortization period for non-conforming signs was reasonable.
• Brown v. State
  610 So. 2d 1356· Fla. 1st DCA· 1992-12-30 ·cited 22×
  James Brown challenged his conviction for selling cocaine within 200 feet of a public housing project under Florida Statute § 893.13(1)(o), arguing the statute was unconstitutional on multiple grounds. The Florida First District Court of Appeal rejected all constitutional challen
• Curtis v. Thompson
  840 F.2d 1291· 7th Cir.· 1988-02-05 ·cited 22×
  The court held that the district court erred by denying a preliminary injunction without addressing all five required factors, particularly given the constitutional nature of the claims.
• Carlin Commc'ns, Inc. v. Fed. Commc'ns Comm'n
  749 F.2d 113· 2d Cir.· 1984-11-02 ·cited 22×
  The FCC's time-channeling regulation for dial-a-porn services is set aside because it is not narrowly tailored to serve a compelling governmental interest and less restrictive alternatives were not adequately considered.
• Record Head Corp. v. Sachen
  682 F.2d 672· 7th Cir.· 1982-07-07 ·cited 22×
  The dissenting judge argues that the West Allis ordinance is not unconstitutionally vague or overbroad, disagreeing with the majority's conclusion.
• United States v. Tapert
  625 F.2d 111· 6th Cir.· 1980-06-16 ·cited 22×
  A physician who receives illegal kickbacks from laboratories for referring Medicaid patients is considered to have 'furnished items or services' for which federal funds are paid and received kickbacks 'in connection with' those services.
• United States v. Flower
  452 F.2d 80· 5th Cir.· 1971-11-08 ·cited 21×
• Alsager v. Dist. Court OF Polk Cnty.
  518 F.2d 1160· 8th Cir.· 1975-06-17 ·cited 20×
  The court held that the district court abused its discretion in denying declaratory relief, as the case presented an actual controversy ripe for determination with a useful purpose.
• United States v. Jones
  491 F.2d 1382· 9th Cir.· 1974-02-15 ·cited 20×
• FW/PBS, Inc. v. The City OF Dallas
  837 F.2d 1298· 5th Cir.· 1988-02-12 ·cited 19×
  The court held that the majority failed to apply the correct legal standards and strict scrutiny to the City of Dallas's licensing ordinance for sexually oriented businesses, particularly concerning procedural safeguards and substantive provisions.
• IDK, Inc. v. Cnty. OF Clark
  836 F.2d 1185· 9th Cir.· 1988-01-08 ·cited 19×
  The licensing regulation is unconstitutional because it is vague, overbroad, and not the least restrictive means of achieving the county's interests.
• Jacobs v. The Bd. OF Sch. Comm'rs
  490 F.2d 601· 7th Cir.· 1973-12-14 ·cited 19×
  The court held that a rule was invalid for vagueness and overbreadth, and that certain language in a publication was not obscene as to minors in a high school context.
• Varney v. State
  638 So. 2d 1063· Fla. 1st DCA· 1994-07-12 ·cited 18×
  Appellant Varney challenged his stalking conviction as facially unconstitutional under the vagueness and overbreadth doctrines. The court affirmed the constitutional validity of the stalking statute but reversed and remanded to correct the probation order, which erroneously liste
• Jones v. Pittsburgh Nat'l Corp. t/d/b/a Pittsburgh Nat'l Bank
  899 F.2d 1350· 3d Cir.· 1990-04-03 ·cited 18×
  The court held that the attorney's recusal motion was properly denied, but the sanctions order against him must be vacated and remanded due to insufficient notice and failure to differentiate between Rule 11 and § 1927 standards.
• Int'l Caucus OF Labor Committees v. City OF Chicago
  816 F.2d 337· 7th Cir.· 1987-04-14 ·cited 18×
  The court held that the O'Hare Airport regulations governing First Amendment activities were facially constitutional and affirmed the dismissal of the plaintiffs' claims.
• Johnson v. Thigpen
  806 F.2d 1243· 5th Cir.· 1986-12-17 ·cited 18×
  The court held that the Mississippi Supreme Court's inconsistent application of the 'especially heinous, atrocious or cruel' aggravating circumstance did not render the death sentence unconstitutional because the capital murder statute itself sufficiently narrows the class of eli
• Kucharek v. Hanaway
  902 F.2d 513· 7th Cir.· 1990-05-07 ·cited 16×
  The court held that Wisconsin's obscenity statute is not unconstitutionally vague or a denial of equal protection, and therefore the injunction against its enforcement should be dissolved.
• United States v. Morison
  844 F.2d 1057· 4th Cir.· 1988-04-01 ·cited 16×
  The court holds that the Espionage Act statutes can be constitutionally applied to press leakers when jury instructions sufficiently flesh out the "relating to the national defense" element.
• Finzer v. Barry
  798 F.2d 1450· D.C. Cir.· 1986-08-19 ·cited 16×
  The dissent argues that the statute's ban on demonstrations that hold foreign governments up to public odium or disrepute violates the First Amendment because the asserted interest in preserving embassy 'dignity' is not a compelling interest sufficient to override free speech rig
• United States v. Bi-Co Pavers, Inc.
  741 F.2d 730· 5th Cir.· 1984-09-04 ·cited 16×
  The court held that the trial court did not err in its rulings regarding jury instructions, evidence admission, or sufficiency of evidence, and that the defendant's arguments for a new trial based on newly discovered evidence or Brady violations were without merit.
• In re Petition for Naturalization of Charles Peter Duncan. Charles Peter Duncan v. United States
  713 F.2d 538· 9th Cir.· 1983-08-19 ·cited 16×
  The court held that the doctrine of issue preclusion barred the relitigation of constitutional issues decided in a prior naturalization proceeding, even when fundamental rights are involved.
• McSURELY v. Ratliff
  398 F.2d 817· 6th Cir.· 1968-07-29 ·cited 16×
  The District Court erred in refusing to return documents seized in aid of a prosecution under an unconstitutional statute after the time for appeal had expired.
• Simmons v. State
  886 So. 2d 399· Fla. 1st DCA· 2004-11-15 ·cited 15×
  Michael John Simmons appealed his convictions under Florida Statutes sections 847.0135 and 847.0138, which criminalize luring minors online and transmitting harmful material to minors via electronic mail. The Florida First District Court of Appeal upheld the convictions, rejectin
• Sw. Fla. Water Mgmt. Dist. v. Charlotte Cnty.
  774 So. 2d 903· Fla. 2d DCA· 2001-01-05 ·cited 15×
  The Second District Court of Appeal reviews an ALJ's comprehensive 652-page order invalidating several water management district rules and agency statements governing water use permits. The court reverses portions of the ALJ's decision, finding that DEP has exclusive jurisdiction
• State v. O.C.
  748 So. 2d 945· Fla.· 1999-09-16 ·cited 15×
  The Florida Supreme Court affirmed a Fifth District decision invalidating section 874.04, Florida's Criminal Street Gang Prevention Act, as unconstitutional. The statute allowed enhanced criminal penalties based solely on gang membership without requiring any nexus between the un
• Strasser v. Doorley
  432 F.2d 567· 1st Cir.· 1970-10-09 ·cited 15×
  The court held that the ordinance's registration and badge requirements unconstitutionally burden free speech, but vacated the injunction against state prosecutions due to comity concerns.
• Pottinger v. City of Miami
  810 F. Supp. 1551· S.D. Fla.· 1992-11-16 ·cited 14×
  The court held that the City of Miami's custom and practice of arresting homeless individuals for essential life-sustaining activities in public places violated their constitutional rights, warranting injunctive relief.
• United States v. Posters 'N' Things Ltd
  969 F.2d 652· 8th Cir.· 1992-07-13 ·cited 14×
  The court affirmed the convictions and sentencing, holding that 21 U.S.C. § 857 contains an objective scienter requirement and is not unconstitutionally vague. The court also found sufficient evidence for the money laundering and aiding and abetting convictions.
• Bradley v. Pittsburgh Bd. OF Educ.
  910 F.2d 1172· 3d Cir.· 1990-08-15 ·cited 14×
  The court held that the district court erred by failing to make findings of fact and conclusions of law when denying a preliminary injunction, and vacated the order for remand.
• Medlin v. Palmer
  874 F.2d 1085· 5th Cir.· 1989-06-13 ·cited 14×
  The court held that the Dallas city ordinance prohibiting amplified sound near certain facilities is a constitutional time, place, and manner restriction that does not violate First Amendment rights, vagueness, or free exercise of religion.
• Int'l Olympic Comm. v. SAN Francisco Arts & Athletics
  781 F.2d 733· 9th Cir.· 1986-01-27 ·cited 14×
  The court affirmed the summary judgment and permanent injunction but reversed and remanded the award of attorneys' fees, finding that the Amateur Sports Act does not require confusion for a violation and that the award of fees requires further determination of exceptional circums
• United States v. Molt
  631 F.2d 258· 3d Cir.· 1980-10-09 ·cited 14×
  The court held that the Speedy Trial Act's time limits were not exceeded, and affirmed the district court's denial of the defendant's motion to dismiss the indictments.
• Turner Street and David Street v. State
  383 So. 2d 900· Fla.· 1980-03-20 ·cited 14×
  Turner Street and David Street appealed their convictions for battery upon a law enforcement officer under Florida Statute Section 784.07. The Florida Supreme Court affirmed their convictions, rejecting constitutional challenges to the statute based on equal protection, vagueness