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PHELPS-ROPER v. NIXON

No. 07-1295.

545 F.3d 685 (2008)

Shirley PHELPS-ROPER, Plaintiff-Appellant, v. Jeremiah NIXON, Defendant-Appellee, Mark Goodwin, Defendant, Matt Blunt, Defendant-Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: October 31, 2008.

Attorney(s) appearing for the Case

Anthony E. Rothert, American Civil Liberties Union of Eastern Missouri, St. Louis, MO, argued, Benicia Baker-Livorsi, The Family Law Group, LLC, St. Charles, MO, argued, for appellant.

R. Ryan Harding, Asst. Atty. Gen., Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon, Atty. Gen., Erica K. Bredehoft, Asst. Atty. Gen., on the brief), for appellee.

Robert M. O'Neil, J. Joshua Wheeler, Charlottesville, VA, for amicus curiae The Thomas Jefferson Center for the Protection of Free Expression, in support of appellant.

Paul J. Orfanedes, James F. Peterson, Washington, DC, for amicus curiae Judicial Watch, Inc., in support of appellant.

Before BYE, BOWMAN, and SMITH, Circuit Judges.

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...

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