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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Civil Rights Updates, Constitutional Law Updates
State, 8th Circuit, Missouri |
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