Legal Opinion
Families Achieving Independence & Respect v. Nebraska Department of Social Services
Court of Appeals for the Eighth Circuit
Decided July 31, 1996No. 95-2891PublishedCited by 5 opinions
1Opinion of the Court
HEANEY, Circuit Judge.
A grass-roots, welfare rights organization brought this action under 42 U.S.C. §§ 1983 and 1988 to gain access to the lobby of a state-operated, welfare office for the purpose of distributing written materials to and discussing welfare policy issues with welfare recipients. The district court held that the state’s exclusion of the group did not violate the First or Fourteenth Amendment. We *1077reverse. The policy employed to decide which persons are permitted access to the lobby is vague and subject to arbitrary enforcement. For this reason, the group’s exclusion violates…
2Cases cited13 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Roth v. United StatesSupreme Court of the United States · 1957
- Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
- Winters v. New YorkSupreme Court of the United States · 1948
- McIntyre v. Ohio Elections CommissionSupreme Court of the United States · 1995
8 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Jay B. Marcus v. Iowa Public TelevisionCourt of Appeals for the Eighth Circuit · 1996
- Families Achieving Independence And Respect v. Nebraska Department Of Social ServicesCourt of Appeals for the Eighth Circuit · 1997
- Families Achieving Independence And Respect v. Nebraska Department Of Social ServicesCourt of Appeals for the Eighth Circuit · 1996
- Ralph P. Forbes v. The Arkansas Educational Television CommissionCourt of Appeals for the Eighth Circuit · 1996
- Jay Marcus v. IA Public TelevisionCourt of Appeals for the Eighth Circuit · 1996