Legal Opinion

Richard T. Van Bergen v. State of Minnesota Hubert H. Humphrey, Iii, in His Capacity as Attorney General of the State of Minnesota

Court of Appeals for the Eighth Circuit

Decided July 14, 1995No. 94-3047PublishedCited by 106 opinions

1Opinion of the Court

MAGILL, Circuit Judge.

Richard Van Bergen appeals the district court’s 1 dismissal of his request for a permanent injunction and declaratory relief against the enforcement of Minn.Stat. §§ 325E.26-.31, which regulates the use of automatic telephone dialing-announcing devices. In this appeal, Van Bergen argues that the statute violates his rights under the freedom of speech clause of the First Amendment and the due process and equal protection clauses of the Fourteenth Amendment, that the statute is unconstitutionally vague, and that it is preempted by federal law. We affirm.

I. BACKGROUND

In…

2Cases cited42 opinions

  1. Roe v. WadeSupreme Court of the United States · 1973
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. United States v. O'BrienSupreme Court of the United States · 1968
  4. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  5. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983

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3Cited by106 opinions

  1. Robert Cahaly v. Paul LaRosa, IIICourt of Appeals for the Fourth Circuit · 2015
  2. Sherman Gottlieb v. Carnival Corporation, No. 05-2733 CvCourt of Appeals for the Second Circuit · 2006
  3. Erienet, Inc. Sandra MacKenzie John Knauer Frank Mezler, Jr. v. Velocity Net, Inc. Thomas Dylewski Chad FerenackCourt of Appeals for the Third Circuit · 1998
  4. Dan McCarthy v. Ozark School Dist.Court of Appeals for the Eighth Circuit · 2004
  5. Patriotic Veterans, Inc. v. State of IndianaCourt of Appeals for the Seventh Circuit · 2013

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