071295P.pdf   10/31/2008  Shirley Phelps-Roper  v.  Jeremiah Nixon
   U.S. Court of Appeals Case No:  07-1295
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges]
   Civil Case - Constitutional law. On rehearing to consider the standard for
   demonstrating a sufficient likelihood of success on the merits under
   Planned Parenthood Minn. v. Rounds, district court abused its discretion
   in refusing to grant a preliminary injunction barring enforcement of
   Missouri Revised Statute 578.501, which criminalizes picketing in front
   of a funeral location or procession. Plaintiff is likely to prove any 
   interest in protecting funeral mourners from unwanted speech is outweighed by
   the First Amendment right to free speech, that the statute is not narrowly
   tailored or facially overbroad, and that the statute fails to afford open,
   ample and adequate alterative channels for dissemination of her particular
   message. 
  
071295P.pdf   12/06/2007  Shirley Phelps-Roper  v.  Jeremiah Nixon
   U.S. Court of Appeals Case No:  07-1295
   U.S. District Court for the Western District of Missouri - Jefferson City   
   [PUBLISHED] [Bye, Author, with Bowman and Smith, Circuit Judges]
   Civil case - Constitutional law. District court erred in refusing to
   grant plaintiff's request for a preliminary injunction barring the
   enforcement of Missouri Rev. Statute 578.501 which criminalizes
   picketing in front of a funeral location or procession; applying the
   Data Phase factors, the district court erred in finding that
   plaintiff's constitutional challenges to the statute were unlikely to
   succeed, as plaintiff has a viable argument that the statute, which
   seeks to ban picketing at or near military funerals, fails to afford
   open, ample and adequate alternative channels for plaintiff's message,
   which is that God is punishing America for the sin of homosexuality by
   killing Americans, including soldiers.