FRATERNAL ORDER OF POLICE, N.D. v. STENEHJEM

Nos. 03-3848, 04-1619, 04-1620.

431 F.3d 591 (2005)

FRATERNAL ORDER OF POLICE, NORTH DAKOTA STATE LODGE; Veterans of Foreign Wars, Department of North Dakota, Appellees, v. Wayne STENEHJEM, in his official capacity as Attorney General of the State of North Dakota, Appellant. State of Indiana; State of Alaska; State of Idaho; State of Illinois; State of Iowa; State of Maine; State of Maryland; State of Missouri; State of Nevada; State of Ohio; State of South Dakota; State of Tennessee; State of Vermont; State of Wisconsin; State of Wyoming; Amici on behalf of Appellant, Alabama Sheriffs Association; Alabama Jaycees; Alabama Peace Officers Association; American Association of State Troopers, Inc.; American Ex-Prisoners of War Service Foundation, Inc.; American Legion, Department of Alabama; American Legion, Department of Florida; American Legion, Department Georgia; American Legion, Department of Illinois; American Legion, Department of Texas; American Legion, Department of Wisconsin; American Legion, Department of Wyoming; Amvets American Veterans; Department of Florida; Department of Iowa; Amvets, Department of Massachusetts; Amvets, Department of New Jersey Service Foundation; Amvets, Department of Wisconsin; Anne Arundal County (MD) Fire Fighters, Local 1563; Arizona Narcotic Officers Association; Arizona Paralyzed Veterans Association; Associated Fire Fighters of Arizona; Association of Oklahoma Narcotic Enforcers; Associated Fire Fighters of Illinois; Baltimore County (MD) Professional Fire Fighters Association; Broward County (FL) Police Benevolent Association; California Narcotic Officers Association; California Professional Firefighters; California Peace; California Reserve Peace Officers Association; California Veterans Assistance Foundation, Inc.; Cancer Fund of America; Chatham County (GA) Police Association, Inc.; Chattanooga (TN) Firefighters Association, Local 820; Clarksville (TN) Fire Fighters Association; Colorado Jaycees; Colorado State Firefighters Association; Colorado State Lodge, Fraternal Order of Police; Colorado Vietnam Veterans, Inc.; Committee for Missing Children; Concord (NC) Professional Fire Fighters Association; Connecticut Vietnam Veterans; Crime Stoppers, Inc. (MN); Dade County (FL) Fire Fighters; Dade County (FL) PBA; Delaware-Maryland Paralyzed Veterans; Department of Kansas, Veterans of Foreign Wars; Department of Kentucky, Veterans of Foreign Wars; Department of Michigan, Veterans of Foreign Wars; Department of Montana, Veterans of Foreign Wars; Department of Nebraska, Veterans of Foreign Wars; Department of Nevada, Veterans of Foreign Wars; Department of New York, Veterans of Foreign Wars; Department of South Dakota, Veterans of Foreign Wars; Department of Washington, Veterans of Foreign Wars; Disabled American Veterans, Department of Washington; Firefighters Charitable Foundation; Florida Association of Professional EMTs and Paramedica; Florida Fire and Emergency Services Foundation; Florida Highway Patrol Command Officers Association; Florida Law Enforcement Games; Florida Professional Fire Fighters; Foundation of Iowa Jaycees Charities; Georgia State Fire Fighters Association; Georgia Association of EMTs, Inc.; Georgia State Lodge, Fraternal Order of Police; Hawaii State Fire Fighters Association; Idaho Sheriffs Association; Illinois Police Association; Illinois Vietnam Veterans, Inc.; Indiana Association of Chiefs of Police; Indiana Association of Chiefs of Police Foundation; I; International Law Enforcement Games; Iowa Professional Fire Fighters; Iowa State Peace Officers Council; Iowa State Police Association; Iowa State Reserve Law Officers Association; Kansas Jaycees; Kansas Peace Officers Association; Kansas Sheriffs Association; Kansas State Council of Fire Fighters; Kentucky Professional Fire Fighters; Kentucky State Police Professional Association; Lexington (NC) Fire Fighters Association, Local 3064; Lisle-Woodridge Fire Fighters Union; Maryland and District of Columbia Professional Fire Fighters Association; Maryland Sheriffs Association; Massachusetts Foundation for the Advancement of Vietnam Veterans; Michigan Jaycees; Michigan State Lodge, Fraternal Order of Police; Mid-South Paralyzed Veterans Association (TN, AR, MS); Military Order of the Purple Heart Service Foundation; Minnesota Chiefs of Police Association; Minnesota Jaycees; Minnesota State Lodge, Fraternal Order of Police; Minnesota Professional Fire Fighters; Minnesota State Patrol Troopers Association; Missouri Federation of Police Chiefs; Missouri Jaycees, Inc.; Missouri State Council of Fire Fighters; Missouri Vietnam Veterans Foundation; Mobile (AL) Fire Fighters Association; Montana Association of Chiefs of Police; Montana Jaycees; Montana Vietnam Veterans, Inc.; National Narcotic Officers Association Coalition (NNOAC); Nebraska Jaycees; Nebraska Sheriffs Association; Nevada State Firefighters' Association; New Hampshire Jaycees; New Jersey Deputy Fire Chiefs Association; New Jersey Vietnam Veterans, Inc.; New Mexico Sheriffs & Police Association; New York Association PBA, Inc.: New York State Union of Police Associations (AFL-CIO); New York Vietnam Veterans Foundation; North Dakota Jaycees; North Dakota Vietnam Veterans of America; Ohio Association of Emergency medical Services; Ohio Council of Police Safety Associations; Ohio Jaycees; Ohio Troopers Coalition, Inc.; Oklahoma Association of Chiefs of Police; Oklahoma Sheriffs and Peace Officers Association; Oklahoma Vietnam Veterans Charitable Foundation, Inc.; Palm Beach County (FL) Council of Fire Fighters and Paramedics; Peace Officers Association of Georgia, Inc.; Pennsylvania Professional Fire Fighters Association; Police Athletic League of New Jersey; Police Officers Association of Michigan; Police Officers Defense Fund of New York State, Inc.; Professional Fire Fighters of Alabama; Professional Fire Fighters of Georgia; Professional Firefighters of Greensboro (NC); Professional Fire Fighters of Oklahoma; Professional Fire Fighters & Paramedics of North Carolina; Professional Fire Fighters of North Dakota; Professional Fire Fighters of South Dakota; Professional Fire Fighters of Vermont; Professional Fire Fighters of West Virginia; Professional Fire Fighters of Wisconsin; Professional Fire Fighters Union of Indiana; Raleigh (NC) Professional Fire Fighters, Local 548; Rhode Island Vietnam Veterans of America, Inc.; Roanoke (VA) Fire Fighters Association; Rock Hill (SC) Fire Fighters Association; Rockford City (IL) Fire Fighters Union IAFF, Local # 413; Salem (VA) Professional Fire Fighters Association, Local # 3478; South Dakota State Lodge, Fraternal Order of Police; South Dakota Peace Officers Association; South Florida Council of Fire Fighters; Southeastern Paralyzed Veterans Association (GA, NC); Southwest Florida Professional Fire Fighters and Paramedics; State of Florida Association of Police Athletic/Activities Leagues; State Peace Officers Council (NV); State Troopers Association of Nebraska; Tennessee Jaycees; Tennessee Vietnam Veterans; Texas Department of Pubic Safety Officers Association; Texas Police Chiefs Association; Tulsa (OK) Fire Fighters Local 176; Uniformed Fire Fighters of Connecticut; United Professional Fire Fighters Association of Connecticut; Veterans Assistance Foundation, Inc.; Veterans of Foreign Wars, Department of Massachusetts; Veterans of Foreign Wars, Department of New Mexico; Vietnam Veterans Buckeye Foundation, Inc.; Vietnam Veterans Foundation of Georgia; Vietnam Veterans of Iowa, Inc.; Vietnam Veterans Foundation of Texas, Inc.; Vietnam Veterans of Kentucky, Inc.; Vietnam Veterans of Nebraska; Vietnam Veterans of Virginia, Inc.; Virginia Professional Fire Fighters; Virginia State Firefighters Association; Washington Jaycees; Washington State Fire Fighters Association; Washington State Law Enforcement Association; West Virginia Chiefs of Police Association; West @Virginia Deputy Sheriffs Association; West Virginia Troopers Association; West Virginia Vietnam Veterans Foundation; Wisconsin Jaycees; Wisconsin Law Enforcement Officers Association; Wisconsin Sheriffs & Deputy Sheriffs Association; Wisconsin Troopers Association, Inc.; Wisconsin Veterans Assistance Foundation, Amici on Behalf of Appellee. Fraternal Order of Police, North Dakota State Lodge; Veterans of Foreign Wars, Department of North Dakota, Appellees, v. Wayne Stenehjem, in his official capacity as Attorney General of the State of North Dakota, Appellant. Fraternal Order of Police, North Dakota State Lodge; Veterans of Foreign Wars, Department of North Dakota, Appellants, v. Wayne Stenehjem, in his official capacity as Attorney General of the State of North Dakota, Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 7, 2005.


Attorney(s) appearing for the Case

Douglas A. Bahr, argued, Office of Attorney General, Bismarck, ND, for appellant.

Errol Copilevitz, argued, Kansas City, MO (Sidney J. Spaeth, Fargo, ND, on the brief), for appellee.

Before WOLLMAN and HEANEY, Circuit Judges, and HOLMES, District Judge.


WOLLMAN, Circuit Judge.

I.

This case involves a facial challenge to North Dakota Century Code Chapter 51-28 (the "Act"), which prohibits certain telephone solicitations of North Dakota residents who register with the state's "do-not-call" list. Plaintiffs are nonprofit organizations who rely on professional charitable solicitors for their fundraising.

The Act exempts telephone solicitations made by charitable...

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