A federal appeals court has kicked back to a lower court a challenge of Nebraska’s amended law that requires protesters to stand 500 feet away from a funeral service — 200 feet more than the 300 feet the law had previously required.
In December, the 8th U.S. Circuit Court of Appeals vacated its 2011 opinion striking down Nebraska’s original funeral protest law. That came after the appeals court had ruled two months earlier that the St. Louis suburb of Manchester, Mo., could enforce a similar funeral protest ordinance.
The 8th Circuit said Friday that it did not become aware Nebraska had enacted an amended version of the protest law pushing protesters further back until recently, and that the U.S. District Court in Lincoln should hear the challenge to it first.