Legal Opinion

Phelps-Roper v. Strickland

Court of Appeals for the Sixth Circuit

Decided August 22, 2008No. 07-3600PublishedCited by 45 opinions

1Opinion of the Court

OPINION

SUHRHEINRICH, Circuit Judge.

This case involves a facial challenge to a provision of Ohio Rev.Code § 3767.30 (“Funeral Protest Provision”), which prohibits “picketing” or “other protest activities,” within 300 feet of the funeral or burial service, from one hour before until one hour after the funeral or burial service. We hold that the Funeral Protest Provision is a reasonable, content-neutral regulation of the time, place, and manner of speech.

I. BACKGROUND

A. Ohio Rev.Code § 3767.30

Since 1957, Ohio has regulated the picketing of both funerals and funeral processions. The statute,…

2Cases cited27 opinions

  1. Broadrick v. OklahomaSupreme Court of the United States · 1973
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  4. United States v. WilliamsSupreme Court of the United States · 2008
  5. Hill v. ColoradoSupreme Court of the United States · 2000

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3Cited by45 opinions

  1. Phelps-Roper v. NixonCourt of Appeals for the Eighth Circuit · 2008
  2. Shirley Phelps-Roper v. City of Manchester, MissouriCourt of Appeals for the Eighth Circuit · 2012
  3. Snyder v. PhelpsCourt of Appeals for the Fourth Circuit · 2009
  4. Ohio Citizen Action v. City of EnglewoodCourt of Appeals for the Sixth Circuit · 2012
  5. Saieg v. City of DearbornCourt of Appeals for the Sixth Circuit · 2011

40 more not listed; retrieve them via the Exa API.

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