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Criminal Law: Possession of Child Obscenity-Unconstitutionally Overbroad and Vague-First Amendment
Defendant was convicted of possession of child obscenity after police discovered in defendant’s home drawings appearing to depict minors engaging in sexual acts with adults who appeared to be their parents. On appeal, defendant challenged his conviction, arguing that the statute was unconstitutionally overbroad and vague in violation of the First and Fifth Amendments. Where […]
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 the law to the appellant was substantially related to the state’s anti-corruption interest because the […]
Constitutional Law: First Amendment-Bar Dues-Use of Compulsory Dues
Plaintiff filed suit against defendants, alleging the North Dakota bar’s use of his compulsory bar dues to oppose a state ballot measure he supported violated his First Amendment rights. Following the U.S. Supreme Court’s decision in Janus v. American Federation of State, County and Municipal Employees, 138 S.Ct. 2448, the court reconsidered its decision to […]
Civil Rights: Sexual Orientation Discrimination-First Amendment-Same-Sex Wedding Videos
Where the owners of a video-production business, who sought to produce wedding video but only of opposite-sex couples in accordance with their religious beliefs, sued Minnesota seeking injunctive relief preventing the state from enforcing anti-discrimination provisions of the Minnesota Human Rights Act, the owners have standing for the action because the state’s active enforcement of […]
Appeals court revives wedding-video case
A federal appeals court has reinstated a Minnesota couple’s lawsuit challenging portions of the state’s human rights act which they say would require them to produce wedding videos for same-sex couples, in violation of their free-speech rights. Missouri doesn’t have a similar antidiscrimination law, but the state joined 10 other states to file an amicus […]
Constitutional Law: Zoning-First Amendment-Adult-Business Restriction
Where an adult-oriented business challenged the constitutionality of an Arkansas zoning law that prevented it from opening within 1,000 feet of schools and places frequented by children, the business did not engage in speech and so could not state a First Amendment claim, and the zoning law was not unconstitutionally vague and did not violate […]
Tech firms struggle to police content while avoiding bias
Take the post down. Put it back up. Stop policing speech. Start silencing extremists. That’s just a sampling of the intense, often contradictory demands facing tech companies and their social media platforms as they try to oversee internet content without infringing on First Amendment rights. The pendulum has swung recently toward restricting hateful speech that […]
Tech firms struggle to police content while avoiding bias
Take the post down. Put it back up. Stop policing speech. Start silencing extremists. That’s just a sampling of the intense, often contradictory demands facing tech companies and their social media platforms as they try to oversee internet content without infringing on First Amendment rights. The pendulum has swung recently toward restricting hateful speech that […]
Freedom of tweets: Court rules Missouri lawmaker can’t block Columbia attorney on Twitter
A federal judge ruled Aug. 16 that a Missouri state representative violated the First Amendment by blocking a Columbia attorney on Twitter. U.S. District Judge Brian C. Wimes issued a permanent injunction barring state Rep. Cheri Toalson Reisch, R-Hallsville, from blocking attorney Mike Campbell or any other Twitter user “based on the content or viewpoint […]
Schmitt withdraws First Amendment argument in lawsuit
Missouri Attorney General Eric Schmitt this week withdrew a legal brief he filed in a defamation lawsuit arguing the First Amendment allows him to withhold some public records concerning private citizens that were requested by the plaintiff’s attorney. Schmidt originally made that argument last week in a lawsuit filed against Republican state Rep. Holly Rehder, […]
Civil Rights: First Amendment-University Defendants
Where plaintiff, who was arrested at a law school lecture, brought civil-rights claims against officers and university defendants including an alleged violation of his First Amendment right to record interactions between the public and police, the district court’s adverse grant of summary judgment is affirmed for the reasons stated in the opinion. Judgment is affirmed. […]
Civil Rights: First Amendment-Fourth Amendment
Where appellant challenged an adverse grant of summary judgment against him on his claims of First and Fourth Amendment violations, the judgment is affirmed because the appellant showed no basis for reversal. Judgment is affirmed. Nibeck v. Marion Police Department (MLW No. 73204/Case No. 18-1328 – 2 pages) (U.S. Court of Appeals, 8th Circuit, per […]
Latest Opinion Digests
- Criminal Law: Child Abuse-Sufficiency Of Evidence-Closing Argument
- Civil Rights: Religious Freedom-RLUIPA-Res Judicata
- Civil Practice: Res Judicata-Stop Work Order
- Immigration: Drug Conviction-Removability-Overbreadth of State Offense
- Civil Practice: Asset Forfeiture-Sanctions
- Civil Rights: Due Process-Failure to State Claim
- Probate : Revocable Trust – Amendment – Reformation
- Employer – Employee : Unpaid Commissions – At-Will Status
- Criminal Law : Post-Conviction Relief – Effectiveness Of Counsel – Conflict Of Interest
- Appellate Practice : Jurisdiction – Final Judgment
- Domestic Relations : Parenting Plan – Child Support
- Criminal Law : Post-Conviction Relief – Guilty Plea – Sentence Advice
Top stories
- Supreme Court weighs lagging symptoms in work comp case
- New accommodation rights for pregnant workers offer broad protections
- Clark named as next Eastern District chief judge
- Russell reflects on change as women take charge of Missouri’s legal system
- NCAA scores positive gender equity review from St. Louis firm
- Big improvements for Missouri bar takers | List of bar passers
- Athena Dickson named vice-president of Missouri Bar
- Legal Limelight: Bill Bay, Partner, Thompson Coburn, St. Louis
