This brief makes the case that Missouri's real estate licensing statutes violate both the state and U.S. constitutions. In addition to garden-variety discussion of free speech and commercial speech as protected under the First Amendment, the brief points out that the unique wording of Mo. Const. Art. I, s. 8, does not permit Missouri courts to afford lower levels of protection for commercial speech. The brief also highlights U.S. Supreme Court holdings that reject the notion that governments can punish one group of speakers for communicating precisely the same information that it permits other speakers to share. I also discuss the constitutional doctrines of statutory overbreadth and unconstitutional vagueness.
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