Families Achieving Independence & Respect v. Nebraska Department of Social Services

I respectfully dissent. Because I conclude that the Nebraska Department of Social Services’ Lancaster County local office’s (NDSS) policy on expressive activities by outside groups is not unconstitutionally vague, and that the district court correctly determined that (1) the NDSS office is not a public forum; (2) the NDSS’s regulation of expressive conduct in the office is reasonable; and (3) the NDSS prohibition on Families Achieving Independence and Respect’s (FAIR) efforts to advocate their position to a captive audience was not motivated by opposition to their viewpoint, I would affirm…