MO Free Speech Advocates for Freedom of Speech and the Press in Missouri Case of Prior Restraint

MO Free Speech, the Missouri nonprofit organization dedicated to upholding the principles of freedom of speech and of the press, proudly announces the filing of an amicus curiae brief (attached) in the Missouri Court of Appeals, Eastern District. The organization is lending its support to the St. Louis Post-Dispatch and reporter Katie Kull in their legal battle against a court order barring publication of any articles based on criminal defendant Thomas Kinworthy’s mental-health evaluation.

At the heart of MO Free Speech’s involvement is opposition to the circuit court’s preliminary injunction, preventing the St. Louis Post-Dispatch and Ms. Kull from exercising their right to freedom of speech and freedom of the press as protected by the Missouri Constitution. Article I, Section 8, of the Missouri Constitution guarantees “that every person shall be free to say, write or publish, or otherwise communicate whatever he will on any subject.” This constitutional provision stands independently of the First Amendment of the U.S. Constitution and prohibits prior restraints, i.e., any restraint or prohibition imposed in advance of publication.

MO Free Speech’s amicus brief meticulously outlines the historical context of Article I, Section 8, emphasizing Missouri’s long-standing commitment to safeguarding the freedom of speech. MO Free Speech’s legal argument draws attention to the state’s constitutional protection, reinforcing the principle that individuals must be allowed to express their thoughts and ideas without being censored by government officials.

While the circuit court’s order relies on a Colorado court decision and Colorado statute, MO Free Speech’s brief delves into Missouri’s own case law, providing the Court of Appeals with an understanding of the breadth and scope of freedom of speech under the Missouri Constitution. By doing so, MO Free Speech aims to guide the court in making an informed decision that upholds the principles of free expression and respects the legal precedents established within the Show-Me State.

MO Free Speech proudly acknowledges the exceptional contributions of Mr. David Roland, Director of Litigation and Co-Founder of the Freedom Center of Missouri. Mr. Roland's expert research and writing of the amicus brief stands as a testament to his unparalleled commitment to the cause of free speech.

A distinguished expert in Missouri law, Mr. Roland has extensively litigated provisions of the Missouri Constitution in courts across the state. His wealth of experience and deep understanding of constitutional principles were instrumental in crafting a compelling and legally robust brief on behalf of MO Free Speech.

MO Free Speech stands as a staunch advocate for the constitutional rights of individuals and press alike. The organization firmly believes that the Missouri Court of Appeals will recognize the importance of safeguarding the fundamental freedom of speech and will rule in favor of the Post-Dispatch and Ms. Kull, reinforcing this state’s commitment to protecting its citizens’ right to express themselves and to serve the invaluable role of watchdogs for the people over the judiciary and the criminal justice system in Missouri.

MO Free Speech Prior Restraint Amicus Suggestions.pdf

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