kcpa v. mrec - notice of supplemental authority
DESCRIPTION
After our May 10 oral argument in this case, the U.S. Supreme Court handed down two free speech cases whose reasoning should impact the way the Missouri Supreme Court resolves our case. We submitted this letter to inform the Missouri court of this new authority.TRANSCRIPT
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June 30, 2011
Bill Thompson, Interim ClerkSupreme Court of MissouriPost Office Box 150Jefferson City, MO 65102RE: Notice of Supplemental Authority for Case No. SC91125
Mr. Thompson:
This letter is sent pursuant to Rule 84.20 in order to inform the Court that in the
past week the U.S. Supreme Court handed down two decisions relevant to matters argued
in Kansas City Premier Apartments v. Missouri Real Estate Commission, Case No.
SC91125:
1. Sorrell v. IMS Health, Inc., 2011 WL 2472796 (U.S. June 23, 2011), addresses
issues raised in Appellant’s Second and Third Points Relied On and at oral
argument, specifically the question of what constitutes “speech” for the purposes
of First Amendment analysis, whether the communication of information is
considered “speech” or “conduct,” what constitutes a content-based speech
restriction, and the proper application of heightened scrutiny to laws that permit
the communication of information by some people for approved purposes, but
forbid the communication of that same information by other people or for
unapproved purposes.
2. Brown v. Entertainment Merchants Ass’n, Inc., 2011 WL 2518809, *7-9 (U.S.
June 27, 2011), addresses issues raised in Appellant’s Third Point Relied On,
specifically the argument on pages 27-29 of Appellant’s Brief regarding the
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assessment of a government’s asserted interest where a speech restriction is
alleged to be overbroad and/or underinclusive.
Respectfully submitted,
________________________________DAVID E. ROLAND, Mo. Bar #60548Freedom Center of Missouri5938 De Giverville Ave.St. Louis, Missouri 63112Telephone: (314) 604-6621Facsimile: (314) [email protected] Attorney for KCPA
CERTIFICATE OF SERVICE
I hereby certify that a copy of the foregoing served by mail on June 30, 2011,
addressed to:
Edwin FrownfelterOffice of the Attorney General615 East 13th Street, Suite 401Kansas City, MO 64106Phone: (816) 889-5019Fax: (816) 889-5006Attorney for the MREC
____________________________________DAVID ROLAND