Legal Opinion

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

Court of Appeals for the Eighth Circuit

Decided May 2, 1997No. 95-2891PublishedCited by 5 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Members of Families Achieving Independence and Respect (FAIR), a grassroots welfare rights organization, sought to post materials, distribute materials, and speak with welfare recipients in the lobby of the Nebraska Department of Social Services’ (NDSS) Lancaster County local office in Lincoln, Nebraska (Local Office). FAIR was denied access to the Local Office, and FAIR sought injunctive relief under 42 U.S.C. §§ 1983 and 1988 in the district court.1' The district court denied relief, concluding that FAIR’S First and Fourteenth Amendment rights were not violated…

2Cases cited23 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  3. Bose Corp. v. Consumers Union of United States, Inc.Supreme Court of the United States · 1984
  4. Cornelius v. NAACP Legal Defense & Educational Fund, Inc.Supreme Court of the United States · 1985
  5. Rosenberger v. Rector & Visitors of University of VirginiaSupreme Court of the United States · 1995

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3Cited by5 opinions

  1. Jason Powell v. Roxann RyanCourt of Appeals for the Eighth Circuit · 2017
  2. Families Achieving Independence And Respect v. Nebraska Department Of Social ServicesCourt of Appeals for the Eighth Circuit · 1997
  3. Ron Russell, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee v. Troy Burris, in His Official Capacity as Chairperson of the Arkansas Ethics Commission Rita Looney, in Her Official Capacity as a Member of the Arkansas Ethics Commission Tom Alexander, in His Official Capacity as a Member of the Arkansas Ethics Commission Ben Allen, in His Official Capacity as a Member of the Arkansas Ethics Commission Jack Kearney, in His Official Capacity as a Member of the Arkansas Ethics Commission and Citizens for Clean Government, American Civil Liberties Union of Arkansas, James Madison Center for Free Speech, Shrink Missouri Government Pac, and Zev David Fredman, Amici Curiae on Behalf of Connecticut, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Montana, New Mexico, North Dakota, Utah, and Vermont, Amici Curiae on Behalf of Ron Russell, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee v. Troy Burris, in His Official Capacity as Chairperson of the Arkansas Ethics Commission Rita Looney, in Her Official Capacity as a Member of the Arkansas Ethics Commission Tom Alexander, in His Official Capacity as a Member of the Arkansas Ethics Commission Ben Allen, in His Official Capacity as a Member of the Arkansas Ethics Commission and Jack Kearney, in His Official Capacity as a Member of the Arkansas Ethics Commission, Citizens for Clean Government, Intervenor as James Madison Center for Free Speech, Shrink Missouri Government Pac, and Zev David Fredman, Amici Curiae on Behalf of Connecticut, Iowa, Kansas, Kentucky, Massachusetts, Minnesota, Missouri, Montana, New Mexico, North Dakota, Utah, and Vermont, Amici Curiae on Behalf of Ron Russell, Kent Ingram, William R. Austin, and Associated Industries of Arkansas Political Action Committee v. Troy Burris, in His Official Capacity as Chairperson of the Arkansas Ethics Commission Candi Sue Russell, in Her Official Capacity as a Member of the Arkansas Ethics Commission Marvin Delph, in His Official Capacity as a Member of the Arkansas Ethics Commission Rita Looney, in Her Official Capacity as a Member of the Arkansas Ethics Commission and Norton Wilson, in His Official Capacity as a Member of the Arkansas Ethics Commission, Citizens for Clean Government, James Madison Center for Free Speech, Shrink Missouri Government Pac, and Zev David Fredman, Amici Curiae on Behalf OfCourt of Appeals for the Eighth Circuit · 1998
  4. Jason Powell v. Larry NobleCourt of Appeals for the Eighth Circuit · 2015
  5. Jason Powell v. Roxann RyanCourt of Appeals for the Eighth Circuit · 2017

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