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Constitutional Law opinion

Constitutional Law: Picketing-Labor Negotiations-Severance

Where dispatchers claimed statutory prohibitions against picketing violated constitutional rights to equal protection, free speech, peaceable assembly and collective bargaining under the Missouri Constitution, and the trial court declared Section 105.585(2) unconstitutional and enjoined the defendants from applying the prohibition ...

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Constitutional Law: Dormant Commerce Clause-Undue Burden-Right of First Refusal Provision

Where a transmission company challenged a state’s right of first refusal provision as a violation of the dormant commerce clause, the law was not facially discriminatory and had neither a discriminatory purpose nor effect, and the burden imposed by law ...

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Elections: Election Donations-Blackout Period-First Amendment

Where appellant, who wished to donate to candidates running for state office in Arkansas, claimed that a blackout period prohibiting donations until two years before election day violated her First Amendment rights, the appellant demonstrated standing to bring the action, ...

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Constitutional Law: Free Speech-Liquor Control Laws-Prohibition on Retail Advertising

The state of Missouri appealed from the judgment of the district court, which ruled that provisions of the state’s liquor control law that prohibited alcohol producers and distributors from retail advertising were unconstitutional as violative of their First Amendment free-speech ...

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Constitutional Law: Inverse Condemnation-Land-Use Regulations-Religious Exercise

Where a Catholic high school challenged city zoning regulations that prohibit the school from using lighting and sound systems on its baseball field, the district court properly granted summary judgment to the city defendant on the school’s claim brought under ...

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Constitutional Law: Bivens Claim-Failure to Exhaust

Where a former federal inmate challenged an adverse summary judgment in his actions raising Bivens claims, the dismissal of the claims for failure to exhaust administrative remedies was mandatory based on undisputed evidence that the inmate did not properly exhaust ...

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Constitutional Law: First Amendment-Lobbyist Registration Law-Uncompensated Individual

Where an appellant, who frequently contacts Missouri legislators to discuss political issues, often in connection with his work with a nonprofit corporation, challenged a law requiring him to register as a legislative lobbyist, the state failed to show that applying ...

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