Phelps-Roper v. Troutman, et al., No. 10-2601 (8th Cir. 2011)
Annotate this CasePlaintiff brought this action to enjoin the enforcement of the Nebraska Funeral Picketing Law (NFPL), arguing that it violated her First Amendment right to free speech. Plaintiff appealed a district court order denying her motion for a preliminary injunction. The court concluded that the district court correctly applied intermediate scrutiny. The court agreed that the district court was required to follow the court's precedent, which concluded that the government was unlikely to prove a significant interest in protecting funeral attendees. Therefore, the court held that because it was bound by the previous panel decision involving a similar statute, the same procedural posture on appeal, and the identical plaintiff, the court reversed the order denying a preliminary injunction and remanded.
Court Description: Civil Case - First Amendment. Denial of preliminary injunction from enforcement of Nebraska Funeral Picketing Law is reversed. District court properly applied intermediate scrutiny because statute is content neutral. Based on precedent in Phelps-Roper v. Nixon, which concluded government was unlikely to prove a significant interest in protecting funeral attendees, district court should have granted preliminary injunction. Judge Murphy, concurs, Judge Beam concurs in the judgment, and Judge Colloton concurs.
The court issued a subsequent related opinion or order on April 12, 2013.
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