S.H.B. v. State

The statute under challenge in this case, even as narrowly construed by the majority, still suffers from the constitutional infirmity of overbreadth since it is susceptible of application to protected speech. Unless this statute is further narrowed in a manner consistent with the opinion of this Court in State v. Saunders, 339 So.2d 641 (Fla.1976), and with the decisions of the federal courts on this subject,1 this statute will remain invalid on its face. Although an allegedly vague statute may be reviewed on a case by case basis,2 as to whether it gives adequate *1181notice to any citizen whom…