Minn. Majority v. Mansky

Eighth Circuit

Minn. Majority v. Mansky

898 F.3d 818

CourtCourt of Appeals for the Eighth Circuit

DecidedAugust 3, 2018

DocketNo. 15-1682; No. 15-1741

StatusPublished

This text of 898 F.3d 818 (Minn. Majority v. Mansky) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Minn. Majority v. Mansky, 898 F.3d 818 (8th Cir. 2018).

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Opinion

PER CURIAM.

*819This case is on remand from the Supreme Court of the United States. Minnesota Voters Alliance v. Mansky , --- U.S. ----, 138 S.Ct. 1876, --- L.Ed.2d ---- (2018). In 2010, several organizations and individuals sued the Minnesota Secretary of State and Ramsey and Hennepin county election officials, attacking a statute prohibiting the wearing of political insignia inside a polling place. This court reversed dismissal of the defendants' as-applied First Amendment claim. Minnesota Majority v. Mansky , 708 F.3d 1051, 1059 (8th Cir. 2013). On remand, the district court granted summary judgment for the defendants. This court affirmed, holding that the statute, as applied, did not violate the First Amendment. Minnesota Majority v. Mansky , 849 F.3d 749, 753 (8th Cir. 2017). The Supreme Court reversed and remanded, holding that the statute violates the Free Speech Clause of the First Amendment. Mansky , 138 S.Ct. at 1891-92.

In light of the Supreme Court's decision in Mansky , this court reverses the grant of summary judgment for the defendants.

The case is remanded to the district court for proceedings consistent with this opinion.

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PER CURIAM.

*819This case is on remand from the Supreme Court of the United States. Minnesota Voters Alliance v. Mansky , --- U.S. ----, 138 S.Ct. 1876, --- L.Ed.2d ---- (2018). In 2010, several organizations and individuals sued the Minnesota Secretary of State and Ramsey and Hennepin county election officials, attacking a statute prohibiting the wearing of political insignia inside a polling place. This court reversed dismissal of the defendants' as-applied First Amendment claim. Minnesota Majority v. Mansky , 708 F.3d 1051, 1059 (8th Cir. 2013). On remand, the district court granted summary judgment for the defendants. This court affirmed, holding that the statute, as applied, did not violate the First Amendment. Minnesota Majority v. Mansky , 849 F.3d 749, 753 (8th Cir. 2017). The Supreme Court reversed and remanded, holding that the statute violates the Free Speech Clause of the First Amendment. Mansky , 138 S.Ct. at 1891-92.

In light of the Supreme Court's decision in Mansky , this court reverses the grant of summary judgment for the defendants.

The case is remanded to the district court for proceedings consistent with this opinion.

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898 F.3d 818, Counsel Stack Legal Research, https://law.counselstack.com/opinion/minn-majority-v-mansky-ca8-2018.

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