163219P.pdf   08/02/2017  Victor Gresham  v.  Lori Swanson
   U.S. Court of Appeals Case No:  16-3219
   U.S. District Court for the District of Minnesota - Minneapolis   
   [PUBLISHED] [Colloton, Author, with Smith, Chief Judge, and Kelly, Circuit 
   Judge] 
   Civil case - Constitutional law. In action challenging the 
   constitutionality of Minn. Stat. Section 325E.27 restricting the use of 
   robocalls, the district court did not err in denying plaintiff's request 
   for a preliminary injunction against enforcement of the statute as it was 
   unlikely plaintiff would succeed on the merits of his claims; the district 
   court did not err in determining, based on this court's decision in Van 
   Bergen v. Minnesota, 59 F.3d 1541 (8th Cir. 1995), that the restrictions 
   contained in section (b) of the statute are reasonable time, place and 
   manner restrictions; nor did the court err in finding that a 2009 
   content-based amendment creating an exception for tax-exempt charitable 
   organizations was severable; Citizens United and other recent Supreme 
   Court cases do not supersede Van Bergen and it controls this case.