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281 CARE COMMITTEE v. ARNESON

No. 10-1558.

638 F.3d 621 (2011)

281 CARE COMMITTEE; Ron Stoffel W.I.S.E. Citizen Committee; Victor E. Niska; Citizens for Quality Education; Joel Brude, Plaintiffs/Appellants, v. Ron ARNESON, in his official capacity as County Attorney for Blue Earth County, Minnesota, or his successor; Mike Freeman, in his official capacity as County Attorney for Hennepin County, Minnesota, or his successor; Michael Junge, in his official capacity as County Attorney for McCleod County, Minnesota, or his successor; Tom N. Kelly, in his official capacity as County Attorney for Wright County, Minnesota, or his successor; Lori Swanson, in her official capacity as the Minnesota Attorney General or her successor, Defendants/Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: April 28, 2011.

Attorney(s) appearing for the Case

Erick G. Kaardal , argued, William F. Mohrman , on the brief, Minneapolis, MN, for appellant.

Jean Burdorf , argued, Minneapolis, MN, for appellee.

John Steven Garry , AAG, argued, St. Paul, MN, for Minnesota Attorney General.

Before SMITH, BEAM and BENTON, Circuit Judges.

BEAM, Circuit Judge.

In this First Amendment challenge to a Minnesota law that makes it a crime to knowingly or with reckless disregard for the truth make a false statement about a proposed ballot initiative, plaintiffs appeal: (1) the district court's dismissal of plaintiffs' complaint for lack of subject-matter jurisdiction; (2) the district court's alternate holding that it would dismiss plaintiffs' complaint for failing to state a claim upon which relief could...

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