Critical Facts and Free Speech: The Eighth Circuit Clarifies Its Appellate Standard of Review for First Amendment Free Speech Cases
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Authors
Grasz, L. Steven
Issue Date
1998
Volume
31
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|In a rare rehearing en banc, the full Eighth Circuit Court of Appeals clarified its appellate standard of review for First Amendment free speech cases in Families Achieving Independence and Respect v. Nebraska Department of Social Services. In an 8-4 decision, the court delineated its approach to reconciling Federal Rule of Civil Procedure 52(a) (clear error review) with the independent review standard of the United States Supreme Court in New York Times Co. v. Sullivan in the context of appeals concerning First Amendment free speech issues. The full court vacated a three-judge Eighth Circuit panel's decision which had applied a pure de novo standard of review like that utilized by the Ninth Circuit Court of Appeals. As a consequence, it is now clear that in First Amendment free speech cases, the Eighth...
Description
Citation
31 Creighton L. Rev. 387 (1997-1998)
Publisher
Creighton University School of Law