MVMB v. Gray - Defendants' Proposed Judgment

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and knowledge is prohibited under section 340.216.1, and the Petitioner has also indicated throughout this litigation that the Defendant had acted illegally by merely telling others that she floats horses‘ teeth. The record makes clear that the Defendant is a highly skilled horse teeth floater and that even if Petitioner prevails in this case the Defendant will still lawfully be able to float teeth in Missouri as long as she does not get paid. The First Amendment and Article I, section 8 of the Missouri Constitution fully protect the Defendant‘s right to share truthful information related to her skills, knowledge, and experience, and it also protects the Defendant‘s right to express a willingness and ability to float teeth as long as she is not requesting consideration in exchange for that service. A free speech challenge does not tolerate the same deference to government that is routinely applied to other types of constitutional challenges. To the contrary, where a law imposes a restriction on speech, the government bears the burden of justifying it. U.S. v. Playboy Entertainment Group, Inc., 529 U.S. 803, 816 (2000). Additionally, Article I, section 8 of the Missouri Constitution forbids any legislative body in the state to pass any law impairing the freedom of speech and also guarantees ―that every person shall be free to say, write or publish, or otherwise communicate whatever he will on any subject, no matter by what means communicated.‖ ―Anything which makes the exercise of a right more expensive or less convenient, more difficult or less effective, impairs that right.‖ Ex parte Harrison, 110 S.W. 709, 710 (Mo. 1908). As the Missouri Supreme Court once stated, ―[l]anguage could not be broader, nor prohibition nor protection more amply comprehensive.‖ Marx & Haas Jeans Clothing Co. v. Watson, 67 S.W. 391 (Mo. banc 1902). Petitioner may not constitutionally apply section 340.216.1, in a way that would deny the Defendant her freedom to share truthful, non-misleading information about teeth floating and her

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