Legal Opinion
State v. Montas
District Court of Appeal of Florida
Decided October 31, 2008No. 5D07-3962PublishedCited by 2 opinions
1Opinion of the CourtOrfinger, J.
The State appeals the county court’s order declaring section 250.43(2), Florida Statutes (2007), unconstitutional. This Court has jurisdiction. Fla. R.App. P. 9.030(b)(1)(A). The State argues that the trial court erred by concluding that section 250.43(2), regulating the wearing of military uniform and insignia, was unconstitutionally overbroad and violates the right to due process. We disagree and affirm.
A Transportation Security Administration (TSA) agent at the Orlando International Airport noticed Fernando Montas wearing a U.S. Army uniform, standing in an unmarked, expedited security…
2Cases cited24 opinions
- Dombrowski v. PfisterSupreme Court of the United States · 1965
- New York v. FerberSupreme Court of the United States · 1982
- Texas v. JohnsonSupreme Court of the United States · 1989
- Coates v. City of CincinnatiSupreme Court of the United States · 1971
- Ashcroft v. Free Speech CoalitionSupreme Court of the United States · 2002
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3Cited by2 opinions
- Montgomery v. StateDistrict Court of Appeal of Florida · 2011
- Montgomery v. StateDistrict Court of Appeal of Florida · 2011