Freedom Center Files First U.S. Supreme Court Case!
Today the Freedom Center of Missouri asked the U.S. Supreme Court to review Kansas City Premier Apartments v. Missouri Real Estate Commission in order to clarify that whenever a citizen challenges a law that restricts speech protected by the First Amendment, the government must show substantial evidence proving why the restriction is necessary. Despite more than a dozen U.S. Supreme Court decisions establishing this principle, at least ten state supreme courts continue to uphold speech restrictions without requiring the government to justify the restrictions.
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It is well established that a criminal charge brought by a government body includes carrying the burden of proof that the law being used is not unconstitutional. By filing a civil action to challenge the same law, the courts appear to reverse the burden of proof and the potential violator “must demonstrate that the challenged law is unconstitutional.”