Legal Opinion

News-Press Publishing Co. v. Firestone

District Court of Appeal of Florida

Decided May 6, 1988No. 87-1504PublishedCited by 2 opinions

1Opinion of the Court

THREADGILL, Judge.

We have for review an order of the circuit court holding section 101.121, Florida Statutes (1985) constitutional. We find the statute to be unconstitutional on its face because it is overbroad and violates rights guaranteed by the first amendment to the United States Constitution and article I, section 4 of the Florida Constitution. We therefore reverse.

The 1985 Florida Legislature amended section 101.121, Florida Statutes, to prohibit nonvoters from coming within fifty feet of an open polling place and to exempt commercial businesses and privately owned property from this…

2Cases cited24 opinions

  1. Buckley v. ValeoSupreme Court of the United States · 1976
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Broadrick v. OklahomaSupreme Court of the United States · 1973
  4. Grayned v. City of RockfordSupreme Court of the United States · 1972
  5. Tinker v. Des Moines Independent Community School DistrictSupreme Court of the United States · 1969

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3Cited by2 opinions

  1. Firestone v. News-Press Pub. Co., Inc.Supreme Court of Florida · 1989
  2. News-Press Pub. Co., Inc. v. FirestoneDistrict Court of Appeal of Florida · 1988

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