United States Eighth Circuit

A permanent injunction enjoining defendant from allowing distribution of Bibles to elementary school children on school property at any time during the school day is affirmed where the defendant's argument that the permanent injunction impermissibly mandates a content-based restriction on speech in the limited public forum is without merit. However, grant of a declaratory judgment is reversed where the incorporation of the permanent injunction is superfluous and the portion granting judgment on complaint is ambiguous, and a declaratory judgment prohibiting implementation of policy is unnecessary.

Appellate Information

• Decided 07/16/2009
• Published 07/16/2009

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, BEAM, Circuit Judge, and KYLE, District Judge.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Mathew D. Staver, argued, Maitland, FL, (Stephen M. Crampton, Mary Elizabeth McAlister, Lynchburg, VA, Anita Staver, Maitland, FL, on the brief), for Appellants., Roy S. Moore, Bemjamin D. DuPre', Gregory M. Jones, Mongamery, AL, on the brief, for Amicus Curiae on Behalf of Appellants.


• For Appellees:
  
• Leonard J. Frankel, argued, St. Loius, MO, (Anthony E. Rothert, St. Loius, MO, on the brief) for Appellee., Marc D. Stern, Charles G. Moerdler, Christopher Fletcher, David Khane, New York, NY, Ayehsa N. Khan, Alexander Joseph Luchenitser, Washington, DC, Kristina Silja Bernard, Seattle, WA, on the brief, for Amicus Curiae on Behalf of Appellees.