Case Citator › Phelps-Roper v. Nixon

Phelps-Roper v. Nixon

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Eighth Circuit
Citation
545 F.3d 685
Decided
Confirmed treatments
1
Flagged citations read
43 of 43
Citing cases (total)
43
Treatment dates
2012
Overruled in part
A reviewed court has overruled part of this case’s holding. Phelps-Roper v. Nixon was overruled in part: all 43 flagged citations have been read, and the confirmed treatment is listed below. The Eighth Circuit sitting en banc rejected Nixon's rule that the government has a significant interest in protecting unwilling listeners only in residential settings.
More on how this was screened

Later opinions continue to cite Nixon's separate principles about preliminary injunctions and the public interest in protecting constitutional rights.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

43 later cases cite Phelps-Roper v. Nixon; 43 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on Phelps-Roper v. Nixon?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in part

  • The Eighth Circuit sitting en banc overruled Nixon's rule that the government's interest in shielding unwilling listeners from unwanted speech is limited to residential settings.

    Phelps-Roper v. City of Manchester · Eighth Circuit (en banc) · filed

    We therefore overrule the rulings in Nixon and Olmer which limited the government’s interest in protecting unwilling listeners to residential settings.
    Read the full opinion on CourtListener →

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