CALVIN POWELL, PETITIONER,

v.

STATE OF FLORIDA, RESPONDENT

Citator

Cited By

• Montgomery v. State, 69 So. 3d 1023 (Fla. 5th DCA 2011)
  …erbroad statute is one that restricts protected speech or conduct along with unprotected speech or conduct. State v. Montas, 993 So. 2d 1127, 1129 (Fla. 5th DCA 2008); Shapiro v. State, 696 So. 2d 1321, 1324 (Fla. 4th DCA 1997); see State v. Bryant, 953 So. 2d 585, 587 (Fla. 1st DCA 2007) (“Legislation is overbroad when it is drafted in a manner that may be applied to conduct protected by the First Amendment.”). “The overbreadth doctrine prohibits the Government from banning unprotected speech if a substantia…
• Dante Martin v. State, 207 So. 3d 310 (Fla. 5th DCA 2016)
  …hes upon constitutionally-protected speech or conduct and, thus, the statute is overbroad; however, he does not articulate how the statute is susceptible of application to speech or conduct protected by the First Amendment. See id.; State v. Bryant, 953 So. 2d 585, 587 (Fla. 1st DCA 2007). Rather, he simply argues that, by criminalizing hazing without respect, to the victim’s consent, subsection 1006.63(5) regulates and restricts “a wide variety of activity that would otherwise be protected by the First Amend…
• State v. Montas, 993 So. 2d 1127 (Fla. 5th DCA 2008)
  …4-25 (Fla. 4th DCA 1997) (quoting Schmitt v. State, 590 So. 2d 404, 412 (Fla.1991)). In the context of the First Amendment, an overbroad statute is one that restricts protected speech or conduct. Shapiro, 696 So. 2d at 1324-25; see State v. Bryant, 953 So. 2d 585, 587 (Fla. 1st DCA 2007) (“Legislation is overbroad when it is drafted in a manner that may be applied to conduct protected by the First Amendment.”). Even if speech or conduct is unprotected by the First Amendment, “[t]he overbreadth doctrine prohi…