DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
061922P.pdf 03/22/2007 Bill Wickersham etc. v. Salute to Veterans
U.S. Court of Appeals Case No: 06-1922
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Murphy, Author, with Arnold and Benton, Circuit Judges]
Civil Case - civil rights. Injunction against nonprofit corporation
from prohibiting certain individual expression during Memorial Day
event is affirmed. Finding corporation is a state actor was not
error, as corporation's authority to impose speech restriction
derived from City's grant to it of temporary control over the space
and City provided critical assistance in planning and operating the
event and in enforcing the particular speech restrictions dictated by
the corporation. Finding that City and corporation acted like partners
was not clearly erroneous. District court did not err in holding
corporation's curtailment of freedom of expression constituted state
action and was actionable. Permitting freedom of expression to public
did not violate corporation's First Amendment rights, corporation did
not show injunction infringed its own ability to deliver its chosen
message and it was permitted to impose reasonable time, place and
manner restrictions.