U. S. Supreme Court Denies Review of Missouri Halloween Sign Challenge

Source: ACSOL

The U.S. Supreme Court today denied review of the petition filed by the Missouri Attorney General in the Halloween sign challenge.  In its decision, the Court noted that only one justice, Justice Samuel Alito, favored review of the petition.

“The Court’s decision today is a significant victory for registrants who reside in Missouri as well as registrants throughout the nation,” stated ACSOL Executive Director Janice Bellucci.  “It its denial, the Court has acknowledged that Halloween sign requirements are unconstitutional.”

The original complaint in this case was filed in October 2023 in a federal district court in Missouri.  In the complaint, plaintiff Thomas Sanderson argued that the state law that required him to post a sign on his home on Halloween was compelled speech and therefore violated the First Amendment.  A trial was held in in the case in June 2024 resulting in a decision issued in October 2024 that agreed with Sanderson’s legal argument.  The trial court decision also included a statewide permanent injunction that prevented the Attorney General from enforcing the state law at issue.

The Attorney General of Missouri appealed the trial court decision to the 8th Circuit Court of Appeals in April 2025.  The 8th Circuit Court of Appeals ultimately agreed with the trial court in its decision issued in January 2026 that the Missouri Halloween sign law was unconstitutional because it violated the First Amendment.  However, the appellate court returned the case to the trial court in order to review the permanent statewide injunction due to the U. S. Supreme Court decision, Trump v. CASA, which was issued after the trial court issued the injunction.  After its review, the trial court decided that the injunction applied only Mr. Sanderson.

The Attorney General of Missouri filed a petition in the U.S. Supreme Court on July 6, 2026, requesting the Court’s review of the 8th Circuit Court of Appeals decision.  An amicus brief was filed on behalf of 16 states in support of the petition on August 3, 2026.  A brief opposing the petition was filed by Mr. Sanderson on September 8, 2026, and the Attorney General filed a reply brief on September 22, 2026.

“Today’s victory is the result of a long legal battle at every level of the federal court system,” stated Bellucci.  “It is yet another example that tenacity and hard work produce desired results.”

 

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11 Comments

Way to go, Janice! Thanks from all of here in FL!!

So, even though the injunction was decided in favor of Mr. Sanderson only by the trial court, the MO AG cannot enforce the sign requirement, and neither can the city of Hazelwood due to the US Supreme court affirming unconstitutionality? Is that a correct understanding, if so it is an extraordinary win. Just wish that courts in misery got instructions on how to implement SB982 post 08.28.26 as some of us are still waiting for the courts to apply that so we can be free of this whole circus.

HUGE WIN FOR JANICE, ACSOL, and REGISTRANTS! Yay and congrats to all! What a great way to start the week. Janice, thank you so much for your relentless pursuit of justice on our behalf. I hope the Missouri AG and the 16 states in the Amicus brief have learned a little something about the constitution. I am sure Alito was ready to support the Halloween sign and Missouri AG, but he won’t get the chance.

Thank you, Janice.

THANK YOU so much, Janice, for coming to Missouri and showing this bass-ackward state how it’s done!!!!!

Congrats Janice and team! Thank you for all the hard work you are doing, it is deeply appreciated!

@Janice and @ACSOL

Congrats! While I am not a fan of our country’s legal system as it continues to degrade as it lives today, this is a spark of brilliance by the high court, finally, and on this very topic finally. May the ripple effect of this denial and overall case reach everywhere where our Flag is planted.

Most excellent news! Thank you to ACSOL and Janice and all those involved for bringing home this victory!

Praise be to God, and thank you, Janice!!
Well done!!

I would also say it’s compelled speech when a registrant is NOT allowed to hang up or display Christmas decorations.
That also is a violation of the 1st amendment!