Legal Opinion · Dissent

Marilyn Olmer v. City of Lincoln

Court of Appeals for the Eighth Circuit

Decided October 14, 1999No. 98-4112NEPublished

1DissentBright, Circuit Judge

If speech is silver, silence may be golden. For its part, the United States Supreme Court wrote in favor of silence in Frisby v. Schultz, 487 U.S. 474, 108 S.Ct. 2495, 101 L.Ed.2d 420 (1988). There, by finding the protection of residential privacy to be a substantial government interest, the Court shielded residents from unwanted speech in their homes. The present case raises a similar question; namely, whether an analogous principle of religious freedom applies to churchgoers, and whether the government may reasonably protect those who attend religious rites and observances at the church of…

2Cases cited13 opinions

  1. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  2. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  3. Frisby v. SchultzSupreme Court of the United States · 1988
  4. Erznoznik v. City of JacksonvilleSupreme Court of the United States · 1975
  5. Kovacs v. CooperSupreme Court of the United States · 1949

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