934 So. 2d 656 - Barry v. State’s Empirical Analysis
2006
Citation profile
6 state decisions
How this case has been cited
Cited by 9 later decisions — most recently January 2024
6 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on 339 So. 2d 641 - State v. Saunders · 330 So. 2d 3 - White v. State · 287 So. 2d 669 - Gonzales v. City of Belle Glade · 337 So. 2d 977 - Spears v. State · Miller v. State
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In light of these considerations, we now limit the application of Section 877.03 so that it shall hereafter only apply either to words which “by their very utterance ... inflict injury or tend to incite an immediate breach of the peace,” White v. State, 330 So.2d [3, 7 (Fla.1976) ]; See Chaplinsky v. New Hampshire, 315 U.S. 568, 572 , 62 S.Ct. 766 , 86 L.Ed. 1031 (1942); or to words, known to be false, reporting some physical hazard in circumstances where such a report creates a clear and present danger of bodily harm to others. We construe the statute so that no words except “fighting-words” or words like shouts of “fire” in a crowded theatre fall within its proscription, in order to avoid the constitutional problem of overbreadth, and “the danger that a citizen will be punished as a criminal for exercising his right of free speech.” Spears v. State, supra, 337 So.2d [977, 980 (Fla.1976) ]. With these two exceptions, Section 877.03 should not be read to proscribe the use of language in any fashion whatsoever.”
2 later decisions quote this exact passagee.g. Fields v. State · Smith v. State“Although appellant’s voice was loud and his language may have been offensive, there is nothing in the record to indicate that his conduct incited others to breach the peace or posed an imminent danger to others. Pursuant to Saunders and its progeny, to constitute a violation of section 877.03, there must be evidence of something more than loud or profane language or a belligerent attitude.”
1 later decision quote this exact passagee.g. A.S.C. v. State
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.