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June 30, 2011 Bill Thompson, Interim Clerk Supreme Court of Missouri Post Office Box 150 Jefferson City, MO 65102 RE: Notice of Supplemental Authority for Case No. SC91125 Mr. Thompson: This letter is sent pursuant to Rule 84.20 in order to inform the Court that in the past week the U.S. Supreme Court handed down two decisions relevant to matters argued in Kansas City Premier Apartments v. Missouri Real Estate Commission, Case No. SC91125: 1. Sorrell v. IMS Health, Inc., 2011 WL 2472796 (U.S. June 23, 2011), addresses issues raised in Appellant’s Second and Third Points Relied On and at oral argument, specifically the question of what constitutes “speech” for the purposes of First Amendment analysis, whether the communication of information is considered “speech” or “conduct,” what constitutes a content-based speech restriction, and the proper application of heightened

KCPA v. MREC - Notice of Supplemental Authority

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After our May 10 oral argument in this case, the U.S. Supreme Court handed down two free speech cases whose reasoning should impact the way the Missouri Supreme Court resolves our case. We submitted this letter to inform the Missouri court of this new authority.

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Page 1: KCPA v. MREC - Notice of Supplemental Authority

June 30, 2011

Bill Thompson, Interim ClerkSupreme Court of MissouriPost Office Box 150Jefferson City, MO 65102RE: Notice of Supplemental Authority for Case No. SC91125

Mr. Thompson:

This letter is sent pursuant to Rule 84.20 in order to inform the Court that in the

past week the U.S. Supreme Court handed down two decisions relevant to matters argued

in Kansas City Premier Apartments v. Missouri Real Estate Commission, Case No.

SC91125:

1. Sorrell v. IMS Health, Inc., 2011 WL 2472796 (U.S. June 23, 2011), addresses

issues raised in Appellant’s Second and Third Points Relied On and at oral

argument, specifically the question of what constitutes “speech” for the purposes

of First Amendment analysis, whether the communication of information is

considered “speech” or “conduct,” what constitutes a content-based speech

restriction, and the proper application of heightened scrutiny to laws that permit

the communication of information by some people for approved purposes, but

forbid the communication of that same information by other people or for

unapproved purposes.

2. Brown v. Entertainment Merchants Ass’n, Inc., 2011 WL 2518809, *7-9 (U.S.

June 27, 2011), addresses issues raised in Appellant’s Third Point Relied On,

specifically the argument on pages 27-29 of Appellant’s Brief regarding the

Page 2: KCPA v. MREC - Notice of Supplemental Authority

assessment of a government’s asserted interest where a speech restriction is

alleged to be overbroad and/or underinclusive.

Respectfully submitted,

________________________________DAVID E. ROLAND, Mo. Bar #60548Freedom Center of Missouri5938 De Giverville Ave.St. Louis, Missouri 63112Telephone: (314) 604-6621Facsimile: (314) [email protected] Attorney for KCPA

CERTIFICATE OF SERVICE

I hereby certify that a copy of the foregoing served by mail on June 30, 2011,

addressed to:

Edwin FrownfelterOffice of the Attorney General615 East 13th Street, Suite 401Kansas City, MO 64106Phone: (816) 889-5019Fax: (816) 889-5006Attorney for the MREC

____________________________________DAVID ROLAND