STECHER v. ASKEW

No. 74-193 CIV. T-K.

432 F.Supp. 997 (1977)

Peter D. STECHER, Plaintiff, v. Reuben ASKEW, Governor of the State of Florida, and Robert L. Shevin, Attorney General of the State of Florida, Defendants.

United States District Court, M. D. Florida, Tampa Division.

June 7, 1977.


Attorney(s) appearing for the Case

Philip J. Padovano, Ruiz, Padovano & Schrader, St. Petersburg, Fla., Martin G. Weinberg, Oteri & Weinberg, Boston, Mass., for plaintiff.

Bernard S. McLendon, Asst. Atty. Gen., Dept. of Legal Affairs, Civ. Div., Tallahassee, Fla., for defendants.

Before RONEY, Circuit Judge, and KRENTZMAN and HODGES, District Judges.


RONEY, Circuit Judge:

Peter Stecher commenced this action to enjoin the enforcement of Fla.Stat.Ann. § 847.04 (1976), and have it declared unconstitutional. This statute, known as the Open Profanity Statute, prohibits the use of certain offensive language at various times and places.1

Plaintiff contends that the statute, as it has been construed by the Florida Supreme Court, is unconstitutionally vague and overbroad, and violates...

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