259 So. 3d 733
Fla.2018Background
- Dante Martin, member and Bus C president of Florida A&M’s Marching 100 percussion section, participated in a ritual called “Crossing Bus C,” involving repeated striking, slapping, kicking, and punching of participants.
- After a November 19, 2011 crossing, Robert Champion collapsed and later died; Martin had invited/encouraged participation and controlled when crossings occurred.
- Martin was convicted of manslaughter, felony hazing resulting in death, and two counts of misdemeanor hazing under Fla. Stat. § 1006.63 (2012).
- The Fifth District Court of Appeal affirmed, rejecting Martin’s facial and as-applied overbreadth and vagueness challenges to the hazing statute; Martin sought Florida Supreme Court review of the statute’s validity.
- The Florida Supreme Court granted review and affirmed the Fifth District: the statute is constitutional as written and as applied to Martin, whose conduct plainly fell within the statute’s prohibition on physical brutality causing serious injury or death.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Facial overbreadth under First Amendment | Statute (esp. §1006.63(5)(a) — consent is no defense) criminalizes voluntary/expressive conduct and chills protected speech | Criminal provisions require intentional/reckless conduct that results in serious injury or creates substantial risk, so impact on speech is incidental | Overbreadth challenge fails; statute targets physical harm and does not prohibit a substantial amount of protected speech |
| As-applied overbreadth | Martin’s conduct was expressive or protected, so statute unconstitutionally applied to him | Martin’s participation in repeated physical assaults is unprotected conduct plainly proscribed by statute | As-applied overbreadth fails; Martin lacks showing his conduct was protected |
| Facial vagueness (statutory exceptions: "customary athletic events or other similar contests or competitions") | Terms like "competition" lack precision, making the statute void in its entirety | Contextual reading shows "similar" modifies contests/competitions; ordinary meaning limits exception to athletic-style competitions; statute gives adequate notice | Facial vagueness challenge fails; statute not impermissibly vague in all applications |
| As-applied vagueness | "Crossing Bus C" could be a "competition," so Martin lacked notice and enforcement standards | The crossing is not similar to customary athletic competitions (no scoring, timing, prizes, referees); conduct falls within clear statutory core (brutality/ beating causing death) | As-applied vagueness fails; Martin’s conduct clearly within statute’s core prohibitions |
Key Cases Cited
- Village of Hoffman Estates v. Flipside, Hoffman Estates, Inc., 455 U.S. 489 (framework for overbreadth/vagueness analysis)
- Broadrick v. Oklahoma, 413 U.S. 601 (limit overbreadth doctrine; substantiality requirement)
- United States v. Williams, 553 U.S. 285 (overbreadth must be substantial relative to legitimate sweep)
- Johnson v. United States, 135 S. Ct. 2551 (vagueness doctrine: statute invalid if "shapeless" or produces grave uncertainty)
- Sessions v. Dimaya, 138 S. Ct. 1204 (reinforcing Johnson’s vagueness principles)
- Skilling v. United States, 561 U.S. 358 (courts should construe statutes to avoid vagueness; rule of lenity)
- Connally v. General Construction Co., 269 U.S. 385 (due process notice principle for penal statutes)
- Parker v. Levy, 417 U.S. 733 (statute invalid where no standard of criminality specified)
- United States v. Salerno, 481 U.S. 739 (facial challenges difficult; challenger must show no valid application)