Kansas City Premier Apartments, Inc. v. Missouri Real Estate Commission

KCPA Trial Brief

more+
less-

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.

LOADING PDF: If there are any problems, click here to download the file.

Published In: Civil Rights Updates, Constitutional Law Updates

Reference Info:State, 8th Circuit, Missouri | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© David Roland, Freedom Center of Missouri | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »

CONNECT

David Roland
Freedom Center of Missouri

The Freedom Center of Missouri is a non-profit, non-partisan organization focusing on the protection... View Profile »


Follow Freedom Center of Missouri:

Reporters on Deadline