PHELPS-ROPER v. NIXON

No. 07-1295.

509 F.3d 480 (2007)

Shirley PHELPS-ROPER, Plaintiff-Appellant, v. Jeremiah NIXON, Defendant-Appellee, Mark Goodwin, Defendant, Matt Blunt, Defendant-Appellee. Thomas Jefferson Center for the Protection of Free Expression, Amicus on Behalf of Appellant, Judicial Watch, Amicus on Behalf of Appellee.

United States Court of Appeals, Eighth Circuit.

Filed: December 6, 2007.


Attorney(s) appearing for the Case

Benicia Livosi, argued, St. Charles, MO, and Anthony E. Rothert, argued, (ACLU), St. Louis, MO, for appellant.

Robert M. O'Neil and J. Joshua Wheeler, Charlottesville, VA, on the amicus brief in support of the appellant.

Robert Ryan Harding, Asst. Atty. Gen., Jefferson City, MO (Erica Bredehoft, Asst. Atty. Gen., Jefferson City, MO, on the brief), for appellee.

Paul J. Orfanedes and James Forrest Peterson, Washington, DC, on the amicus brief in support of appellee.

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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