Legal Opinion
Fred W. Phelps, Sr. And Edward F. Engel v. Joan Hamilton, in Her Official Capacity as District Attorney
Court of Appeals for the Tenth Circuit
Decided July 11, 1995No. 93-3280PublishedCited by 134 opinions
1Opinion of the Court
EBEL, Circuit Judge.
Plaintiffs-Appellees, Fred Phelps (“Phelps”) and Edward Engel (“Engel”) (collectively “Plaintiffs”), are both Topeka, Kansas residents active in a campaign against homosexuality. Defendant-Appellant Joan Hamilton (“Hamilton”) is the district attorney for the Third Judicial District in Topeka. Following her election in 1992, Hamilton brought several prosecutions against Phelps for violating Kansas’ criminal defamation statute. Plaintiffs brought this lawsuit (1) to invalidate Kansas’ criminal defamation statute as facially overbroad; as well as (2) to enjoin the pending…
2Cases cited58 opinions
- Erie Railroad v. TompkinsSupreme Court of the United States · 1938
- Younger v. HarrisSupreme Court of the United States · 1971
- Warth v. SeldinSupreme Court of the United States · 1975
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Mt. Healthy City School District Board of Education v. DoyleSupreme Court of the United States · 1977
53 more not listed; retrieve them via the Exa API.
3Cited by134 opinions
- Amanatullah v. Colorado Board of Medical ExaminersCourt of Appeals for the Tenth Circuit · 1999
- Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff DepartmentCourt of Appeals for the Ninth Circuit · 2008
- Phelps v. HamiltonCourt of Appeals for the Tenth Circuit · 1997
- Guillemard-Ginorio v. Contreras-GomezCourt of Appeals for the First Circuit · 2009
- Winn v. CookCourt of Appeals for the Tenth Circuit · 2019
129 more not listed; retrieve them via the Exa API.