MO: Major Court Victory! 8th Circuit Finds Halloween Signs Unconstitutional

Source: ACSOL

The 8th Circuit Court of Appeals issued a decision today declaring that a Missouri state law that required registrants to post a sign on their home on Halloween violates the First Amendment and is therefore unconstitutional.  In its decision, the Court agreed that the sign requirement is both compelled speech and not narrowly tailored.  

As a result, the Court applied strict scrutiny to its review of the Halloween sign requirement.  The Court went on to find that there was no convincing evidence that the Halloween signs added anything to advance the goal of protecting children.

“This is a major victory for the Constitution as well as more than 30,000 people in Missouri who are required to register,” stated ACSOL Executive Director Janice Bellucci.  

Although the Court ruled in favor of registrants on the merits of the case, the Court vacated the permanent statewide injunction granted by the trial court.  The trial court is now required to create a new remedy that addresses the unconstitutional state law.

“It is possible that the Attorney General will request review of today’s decision by the U.S. Supreme Court,” stated Bellucci.  “It is unlikely, however, that the U.S. Supreme Court will grant review of this decision.”

Click here to download Appeal – DECISION – Jan 2026

 

Appeal - DECISION - Jan 2026

 

Download the PDF file .

 

Related posts

Subscribe
Notify of

If you are feeling extremely depressed and possibly even suicidal, please call or text 988 (suicide hotline) or any loved one who you believe is immediately available. If you feel depressed and in need of a friendly community and unbiased emotional support, you can email Alex and Marty at emotionalsupportgroup@all4consolaws.org

 

We welcome a lively discussion with all view points - keeping in mind...

  1. Submissions must be in English
  2. Your submission will be reviewed by one of our volunteer moderators. Moderating decisions may be subjective.
  3. Please keep the tone of your comment civil and courteous. This is a public forum.
  4. Swear words should be starred out such as f*k and s*t and a**
  5. Please avoid the use of derogatory labels.  Always use person-first language.
  6. Please stay on topic - both in terms of the organization in general and this post in particular.
  7. Please refrain from general political statements in (dis)favor of one of the major parties or their representatives.
  8. Please take personal conversations off this forum.
  9. We will not publish any comments advocating for violent or any illegal action.
  10. We cannot connect participants privately - feel free to leave your contact info here. You may want to create a new / free, readily available email address that are not personally identifiable.
  11. Please refrain from copying and pasting repetitive and lengthy amounts of text.
  12. Please do not post in all Caps.
  13. If you wish to link to a serious and relevant media article, legitimate advocacy group or other pertinent web site / document, please provide the full link. No abbreviated / obfuscated links. Posts that include a URL may take considerably longer to be approved.
  14. We suggest to compose lengthy comments in a desktop text editor and copy and paste them into the comment form
  15. We will not publish any posts containing any names not mentioned in the original article.
  16. Please choose a short user name that does not contain links to other web sites or identify real people.  Do not use your real name.
  17. Please do not solicit funds
  18. No discussions about weapons
  19. If you use any abbreviation such as Failure To Register (FTR), Person Forced to Register (PFR) or any others, the first time you use it in a thread, please expand it for new people to better understand.
  20. All commenters are required to provide a real email address where we can contact them.  It will not be displayed on the site.
  21. Please send any input regarding moderation or other website issues via email to moderator [at] all4consolaws [dot] org
  22. We no longer post articles about arrests or accusations, only selected convictions. If your comment contains a link to an arrest or accusation article we will not approve your comment.
  23. If addressing another commenter, please address them by exactly their full display name, do not modify or abbreviate their name. 
  24. Please check for typos, spelling, punctuation, and grammar errors before submitting.  Comments that have many errors will not be approved. 
ACSOL, including but not limited to its board members and agents, does not provide legal advice on this website.  In addition, ACSOL warns that those who provide comments on this website may or may not be legal professionals on whose advice one can reasonably rely.  
 

29 Comments
Inline Feedbacks
View all comments

  “Missouri state law that required registrants to post a sign on their home on Halloween violates the First Amendment and is therefore unconstitutional.   In its decision, the Court agreed that the sign requirement is both compelled speech and not narrowly tailored.”

But forcing people [to provide all of their current personal information to post a sign on the internet causing the public to believe they are currently a dangerous person] is not compelled speech?

1stnis always.proper,….Janice Eaq C O N G R A D U L A T I O NS ‘ A MAJOR.OUT.OF STATE ACOMPLISHMENT! Now thanks to.submission of The Cinst the 30k.have rights relieving fear of dealing with every Halloween for.the rest of their ti.e on The D List, unlike Kat Griffins’ they will no.longer suffer prior toothed 31st yearly

Awesome, thank you for your persistence in this!

Way to go Janice!
a long time coming.

FINALLY a judge ruled something about the registry scheme as unconstitutional – Janice had to educate them!! Thank you, Janice! Excellent work and you made a lot of us very happy with such good news to start the year.

Congrats, Janice & ACSOL!

What does suck is that you have to essentially do this like 50+ times for all the US states and territories. Or maybe win a case in each judicial circuit and have that win be the standard.

THANK YOU, Janice and all who stood up to this lunacy in Missouri. You all are a blessing!

What about the Holberg case out of Florida? Prosecutors are seeking an unconstitutional death sentence. We need as much coverage of that as possible please.

Praise God!!!!!!!

This is very good precedent! The entire 8th at this point and 11th CCOA are now banned from doing such stupidity. Congrats @ACSOL & Janice!

Of course, we need to count for two weeks from today to ensure they don’t request an en banc review by the 8th as noted in the cover letter within such time. Hope they are smarter than that, but never know in the state of Misery.

Last edited 4 days ago by TS

You are amazing, too bad we have a cowardly, self interest SCOTUS that won’t do their job. Sending a donation for your great work.

What a Treat! Thank you Janice!

Misery where Bellucci shows them not to mess with PFRS. Next trip Bellucci goes to Washington in March. Then Bellucci goes in front of Scrotus( Supreme not so much) Court arguing the registry wins her case, and finally Mt. Rushmore.

This is great! Now. How about going after the stamp on the passports????

Hey Janice, thank you so very much for the really BIG awesome win in MO for the Halloween sign!!! Really appreciate all you do, thank you, thank you!!

@ACSOL, et al

There is much here to be gleaned from the reading of their opinion if one takes the time to do so. Encourage all who stop by this thread to read the short opinion which is succinct and to the point on the matter.

Is there going to be follow up legal action on the remaining sections of the law which seem to infringe on 1A?

What sort of follow up will @ACSOL provide on this matter as it continues to go forward until completed? There is follow on work to be done on the injunctive relief.

I find interesting the testimony of the LEOs about the sign itself, e.g., the sign language, placements, etc. They admitted much to what we have in the forum mentioned previously about what would satisfy the law, e.g., a yellow sticky with the verbiage in question displayed on the front door or anywhere. I bet those who crafted the law knew they were trying to ride the fine line of infringing on 1A with stating a sign needed to be posted without any further criteria needing to be met, e.g., font, size, color, etc.

Do the people now understand the underlying facts about their ignorance on dangerousness related to PFRs and how the alleged mitigating facts don’t work as testified to by LE, e.g., “kids walk up to an unlit house anyway”? Nice work in getting LE to admit these under oath!

Last edited 4 days ago by TS

Now we’ll see a huge increase in sex related crimes on Halloween (sarcasm)

Wow, the judges making the quick sans analogy a while back had me worried but reason one the day.

“a Missouri state law that required registrants to post a sign on their home on Halloween violates the First Amendment and is therefore unconstitutional. In its decision, the Court agreed that the sign requirement is both compelled speech and not narrowly tailored.”

A state law requiring PFR to post a sign on their home on Halloween violates the First Amendment, but forcing PFR to post a sign on the internet every single day, which includes not only their home but all their other pertinent private information, is not?!?

Somebody please splain this to me?

WTF!

Emergency Relief, the government is using the internet to harm PFR!