NESS v. CITY OF BLOOMINGTON

No. 20-2571.

11 F.4th 914 (2021)

Sally NESS, Plaintiff-Appellant, v. CITY OF BLOOMINGTON; Michael O. Freeman, in his official capacity as Hennepin County Attorney; Troy Meyer, individually and in his official capacity as a police officer, City of Bloomington; Mike Roepke, individually and in his official capacity as a police officer, City of Bloomington, Defendants-Appellees, Attorney General's Office for the State of Minnesota, Intervenor below-Appellee. Buzzfeed Inc.; The E.W. Scripps Company; First Look Media Works, Inc.; Fox Television Stations, LLC; The International Documentary Association; The McClatchy Company; MPA — The Association of Magazine Media; National Geographic Partners LLC; National Press Photographers Association; National Public Radio, Inc.; News Leaders Association; POLITICO LLC; Radio Television Digital News Association; Society of Environmental Journalists; Society of Professional Journalists; The Tully Center for Free Speech; Reporters Committee for Freedom of the Press, Amici on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: September 2, 2021.


Attorney(s) appearing for the Case

William F. Mohrman , Mohrman & Kaardal, Minneapolis, MN, Robert Joseph Muise , American Freedom Law Center, Ann Arbor, MI, for Plaintiff-Appellant.

John M. Baker , Katherine M. Swenson , Greene & Espel, Minneapolis, MN, for Defendants-Appellees City of Bloomington, Troy Meyer, Mike Roepke.

Christiana Mariko Martenson , Kelly K. Pierce , Beth Ann Stack , Hennepin County Attorney's Office, Government Center, Minneapolis, MN, for Defendant-Appellee Michael O. Freeman.

Elizabeth Catherine Kramer , Cicely Rosemary Miltich , Attorney General's Office, Saint Paul, MN, Intervenor below-Appellee.

Bruce David Brown , Sarah S. Matthews , Katie Townsend , Reporters Committee for Freedom of the Press, Washington, DC, for Amici on Behalf of Appellant(s) Buzzfeed Inc., The E.W. Scripps Company, First Look Media Works, Inc., Fox Television Stations, LLC, The International Documentary Association, The McClatchy Company, MPA-The Association of Magazine Media, National Geographic Partners LLC, National Press Photographers Association, National Public Radio, Inc., News Leaders Association, POLITICO LLC, Radio Television Digital News Association, Society of Environmental Journalists, Society of Professional Journalists, The Tully Center for Free Speech, Reporters Committee for Freedom of the Press.

Before COLLOTON, WOLLMAN, and KOBES, Circuit Judges.


Sally Ness is embroiled in a dispute with the City of Bloomington, Minnesota, over Ness's desire to produce photographs and video recordings of activities in a public park, where the images captured would include children. Ness seeks to undertake these acts in order to comment publicly on a dispute with city authorities...

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