[4] Richard R. Kreimer, a homeless man residing in various public places throughout Morristown, New Jersey, filed a pro se complaint in the District Court of New Jersey, claiming that his expulsion from the Joint Free Public Library of Morristown and Morris Township was unconstitutional, as it violated his First and Fourteenth Amendment rights.

Any patron who disrupted others and prevented them from using a library to the fullest extent through their actions or inactions (e.g. inability to maintain public hygiene standards) could be subject to expulsion.

The court heard the case en banc, with Judge Dolores Sloviter writing the opinion affirming the verdict for LePage's.

[7] He was joined in his dissent by Chief Judge Anthony Joseph Scirica and later Supreme Court Justice, Samuel Alito.

In 1998, a federal district court issued a preliminary injunction forbidding the U.S. government from implementing the new Child Online Protection Act.

The Third Circuit, in an opinion written by Judge Greenberg, held that the law was not "narrowly tailored" to achieve its purpose of protecting children from pornography.

[8] The Supreme Court refused to hear an appeal from Judge Greenberg's ruling, making his decision the last word as to the constitutionality of the law.