United States Eighth Circuit

An injunction against a nonprofit corporation preventing it from prohibiting certain individual expression during a Memorial Day air show at a municipal airport is affirmed where: 1) the district court correctly concluded that the nonprofit was a state actor under the circumstances, and thus did not err in holding that limiting plaintiffs' freedom of expression constituted state action and was actionable under 42 U.S.C. section 1983; and 2) defendant failed to show that its own First Amendment rights were violated by the injunction.

Appellate Information

• Decided 03/22/2007
• Published 03/22/2007

Judges

• MURPHY, Circuit Judge., Before MURPHY, ARNOLD, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Dale C. Doerhoff, argued, Jefferson City, MO (Kari S. Schulte, on the brief), for appellant.


• For Appellees:
  
• Marilyn S. Teitelbaum, argued, St. Louis, MO (Stacey A. Aschemann and Anthony Rothert, on the brief), for appellee.