Families Achieving Independence & Respect v. Nebraska Department of Social Services
Court of Appeals for the Eighth Circuit
1Dissent
HEANEY, Circuit Judge, with whom MeMILLIAN, MORRIS SHEPPARD ARNOLD, and MURPHY, Circuit Judges, join,
dissenting.
I respectfully dissent. I do not believe that a state should be permitted to exclude a grass-roots, welfare-rights organization from engaging in speech activity in a welfare office lobby because of a low-level administrator’s determination that the group does not provide a “direct benefit” to the welfare office’s clientele. The constitutionality of FAIR’S exclusion turns not on a labeling of the forum, but rather on the policy employed to decide which groups will have access to the…
2Cases cited13 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Hoffman Estates v. Flipside, Hoffman Estates, Inc.Supreme Court of the United States · 1982
- Roth v. United StatesSupreme Court of the United States · 1957
- Winters v. New YorkSupreme Court of the United States · 1948
- Forsyth County v. Nationalist MovementSupreme Court of the United States · 1992
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