203618P.pdf   04/21/2022  Christian Action League of MN  v.  Mike Freeman
   U.S. Court of Appeals Case No:  20-3618
   U.S. District Court for the District of Minnesota   
   [PUBLISHED] Kobes, Circuit Judge, with Chief Judge Smith and Judge 
   Gruender, Circuit Judges] 
   Civil Case - Standing. After CAL sent postcards asking business not to 
   advertise in a Minneapolis newspaper because they accept advertisements 
   for sexually oriented businesses, a lawyer petitioned and obtained a 
   harassment restraining order under Minnesota Statute sec. 609.748(2). 
   After the parties settled and the HRO was vacated, CAL challenged the 
   statute as violating the First Amendment. The district court dismissed the 
   action, concluding the planned conduct was not prohibited and thus CAL 
   lacked standing, and if CAL had standing, the case was moot. The plain 
   text of the statute is ambiguous as to whether it criminalizes CAL's 
   speech. Interpreting state law and predicting how the state would 
   interpret the statute, we conclude that CAL's conduct is not prohibited by 
   the statute and thus CAL lacks standing. It's conduct previously subjected 
   to an HRO is insufficient and CAL lacks standing to seek an injunction. 
   Absent standing, there is no need to consider mootness. Chief Judge Smith 
   dissents.