Source: ACSOL
Registrant Thomas Sanderson filed a brief today in the 8th Circuit Court of Appeals in response to an appeal filed by the Attorney General of Missouri last month. In his brief, Sanderson argued that the trial court properly issued a permanent statewide injunction of the Halloween sign requirement in that state.
At issue in the case is whether a state law that required all registrants to post a sign on their home on Halloween is compelled speech and therefore in violation of the First Amendment. Sanderson was convicted of violating this state law in 2023.
According to Sanderson’s brief, the protections of the First Amendment are not limited to political or ideological speech. The brief also notes that the state’s argument that Halloween signs are party of the state’s duty-to-warn requirements lacks merit.
In Sanderson’s brief, he points out that the witnesses who testified on behalf of the state of Missouri regarding the risk of re-offense for registrants was inconsistent. For example, the alleged government expert testified that the rate of re-offense for registrants is up to 40 percent. The expert admitted, however, that he had not conducted any research on this issue. The expert’s testimony was later contradicted by a state government employee responsible for tracking re-offense rates who testified that the rate of re-offense for registrants was significantly lower, less than 3 percent.
The Attorney General of Missouri is entitled to file a reply to this brief before the Court issues its decision.
Download the appeal:
Appeal - Sanderson's Brief - CONFORMED