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PHELPS-ROPER v. STRICKLAND

No. 07-3600.

539 F.3d 356 (2008)

Shirley L. PHELPS-ROPER, Plaintiff-Appellant, v. Ted STRICKLAND; Marc Dann; William Mason, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 22, 2008.

Attorney(s) appearing for the Case

ARGUED: Jeffrey M. Gamso, American Civil Liberties Union of Ohio, Cleveland, Ohio, for Appellant. Peggy W. Corn, Office of the Ohio Attorney General, Columbus, Ohio, Frederick W. Whatley, Cuyahoga County Prosecutor's Office, Cleveland, Ohio, for Appellees. ON BRIEF: Jeffrey M. Gamso, Carrie L. Davis, American Civil Liberties Union of Ohio, Cleveland, Ohio, for Appellant. Frederick W. Whatley, David G. Lambert, Cuyahoga County Prosecutor's Office, Cleveland, Ohio, Julie Kelley Cannatti, Cleveland, Ohio, for Appellees.

Before: SUHRHEINRICH, COLE, and GIBBONS, Circuit Judges.

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...

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