Legal Opinion

Phelps-Roper v. Nixon

Court of Appeals for the Eighth Circuit

Decided October 31, 2008No. 07-1295PublishedCited by 108 opinions

1Opinion of the Court

BYE, Circuit Judge.

Shirley Phelps-Roper brought suit in the Western District of Missouri, challenging the validity of sections 578.501 and 578.502 of the Missouri revised statutes under the freedom of speech protection of the First Amendment of the U.S. Constitution. 1 Phelps-Roper requested a preliminary injunction to prevent enforcement of section 578.501 until the statute could be reviewed; the district court denied her motion, holding she did not demonstrate she was likely to succeed on the merits, did not demonstrate irreparable harm, and the public interest weighed in favor of upholding…

2Cases cited25 opinions

  1. Elrod v. BurnsSupreme Court of the United States · 1976
  2. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  3. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  4. Dataphase Systems, Inc. v. C L Systems, Inc.Court of Appeals for the Eighth Circuit · 1981
  5. Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939

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3Cited by108 opinions

  1. Sindicato Puertorriqueño de Trabajadores, Seiu Local 1996 v. FortuñoCourt of Appeals for the First Circuit · 2012
  2. Shirley Phelps-Roper v. City of Manchester, MissouriCourt of Appeals for the Eighth Circuit · 2012
  3. Michael Rodgers v. Bill BryantCourt of Appeals for the Eighth Circuit · 2019
  4. Snyder v. PhelpsCourt of Appeals for the Fourth Circuit · 2009
  5. D.M. v. Minn. State High Sch. LeagueCourt of Appeals for the Eighth Circuit · 2019

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