Huge win in 8th Circuit Halloween Sign Case
Congratulations to registrants in the State of Missouri and their attorney, Janice Bellucci (ACSOL), who prevailed in the State and Police Chief’s appeal of a lower court ruling finding a Halloween Sign law, requiring registrants to post a sign at their residence on Halloween, to be compelled speech and a violation of the First Amendment.
The 8th Circuit Court of Appeals concluded, “In short, we agree with the district court that the sign mandate compels speech and, thus, is unconstitutional unless it can survive strict scrutiny… there was no convincing evidence presented that [the signs] add anything to advance the goal of protecting children… there is insufficient evidence to support the State’s assertion that the sign mandate is the least restrictive means of achieving its goals [of protecting children]… Accordingly, the sign mandate burdens more speech than necessary and fails strict scrutiny”.
You can read the opinion here: 8th Circuit Halloween Sign Order
Discover more from Florida Action Committee (FAC)
Subscribe to get the latest posts sent to your email.
I could maybe understand the Halloween decorations: But it’s the Christmas decorations that makes no sense. I in my life have never seen a child coming to the house asking about the decorations. Even when people drive around looking at the different displays. Where is the harm in that. This registration is a lifetime thing that should have an expiration date at least.
No one can ever convince me that registration is not a punishment and that it is not a life sentence.
Jerry, well said and sure most of us agree. And ALL of us agree that the registry is 10,000% punishment.
Lets have those judges walk in our shoes for a month and put themselves on the registry just to see how safe your families are. I have had my windows shot out before, tires slashed and kids throwing rocks at my house when the parents tell them that I am the boogie man.
Now we’ll see a huge spike in sex related crimes on Halloween (sarcasm)
The Halloween and Christmas decorating should fall next. This ruling could be cited while arguing compelled silence. Like it or not these two Holidays are Religious in their inception and rather than violating just the First Amendment speech clause these laws decorating laws also Violate The First Amendment Freedom of Religion Clause. Make the case strictly on Constitutional Grounds and there is a greater chance of winning.
Hernando county is no decoration for Xmas or Halloween it is very sad for my kids.
Shhhh, don’t tell them about Easter decorations, they will make them taken down as well. If we shoot off fireworks for 4th of july, kids will want to watch so we have to ban that. What if you are Jewish and want to put up a menorah and asked to not put it up, is that legal?
Basically this is all garbage legislation. Banning us from these celebrations, especially if not on probation is quite disturbing.
Your children’s constitutionally protected right to freedom of religion must not be violated. There are no grounds for this!
It may just be certain counties, like Duval, where you can’t do Christmas decorations. I do one of the few garish ones from a Nativity with light to two Snoopy’s plus lots of other lit decorations on the who;e front of the house and lawn! Hopefully, that restriction can be fought for you just like Halloween – a great victory!
Has any one challenged the Christmas decorating ordinance? Idk if that’s just duval county or not.. But with grandkids I would love to be able to decorate the house for them. They ask why everyone else has lights and we don’t..
Regarding Xmas decorating, this (to my recollection) is where we left off, but someone with more recent knowledge might chime in:
https://floridaactioncommittee.org/jacksonville-agrees-to-stop-requiring-sex-offenders-to-post-no-candy-signs-at-halloweeen/