Lower Court Holding
Decision of the Eighth U.S. Circuit Court of Appeals
It is well established that the First Amendment to the U.S. Constitution bars not only State action that restricts free expression but also State action that compels individuals to speak or express a certain point of view. The Missouri amendment compels candidates to speak about term limits. First, it attempts to force candidates to speak in favor of term limits by threatening them with the ballot label if they fail to do so. Second, if a candidate refuses to speak in favor of term limits, the label on the ballot forces him or her to speak in opposition to the…
