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WIEGAND v. SEAVER

No. 74-1086.

504 F.2d 303 (1974)

Philip Joseph WIEGAND, Petitioner-Appellee, v. Honorable William H. SEAVER, County Judge, Dade City, Florida, et al., Respondents-Appellants.

United States Court of Appeals, Fifth Circuit.

November 14, 1974.

Attorney(s) appearing for the Case

Robert J. Landry, Asst. Atty. Gen., Tampa, Fla., for respondents-appellants.

Robert A. Young, Asst. Public Defender, Dade City, Fla., for petitioner-appellee.

Bennett H. Brummer, Asst. Public Defender, Miami, Fla., amicus curiae.

Before TUTTLE, THORNBERRY and SIMPSON, Circuit Judges.

TUTTLE, Circuit Judge.

This case presents the question of the facial constitutionality of Florida's breach of the peace and disorderly conduct statute, F.S. 877.03.

Philip Joseph Wiegand pleaded nolo contendere to a charge that on August 8, 1973 he "did then and there engage in such conduct as to constitute disorderly conduct, to-wit: by using the words `goddamn son-of-a-bitch' and causing a disturbance in the bar" Before sentencing by the state trial court...

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