DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172654P.pdf 11/01/2019 Ronald Calzone v. Donald Summers
U.S. Court of Appeals Case No: 17-2654
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Stras, Author, for the Court En Banc, joined by Smith, Chief
Judge, and Gruender, Erickson, Grasz,and Kobes, Circuit Judges]
Civil Case - First Amendment. District court's order denying preliminary
injunction is vacated. As applied challenge to Missouri law that requires
an individual and nonprofit business, who are neither paid nor expend
money in speaking to legislators, to register as a legislative lobbyist
violates the First Amendment. Applying law in this circumstance does not
bear a substantial relationship to its anti-corruption interest or
transparency interest. Facial challenge to statute's application to anyone
"designated" to act as a lobbyist is not unconstitutionally vague. Judge
Grasz concurs, addressing level of scrutiny to apply to lobbying
disclosure laws. Judge Colloton dissents, joined by Loken and Benton.
Judge Shepherd dissents, joined by Colloton and Kelly.
172654P.pdf 11/28/2018 Ronald Calzone v. Nancy Hagan
U.S. Court of Appeals Case No: 17-2654
U.S. District Court for the Western District of Missouri - Jefferson City
[PUBLISHED] [Shepherd, Author, with Colloton and Stras, Circuit Judges]
Civil case - Constitutional law. In action by an unpaid lobbyist to enjoin
enforcement of Mo. Rev. Stat. Sections 105.470 and 105.473 which require
lobbyists to register and report certain activities, the district court
did not err in denying the request for permanent injunctive relief; the
district court properly analyzed the claims under an intermediate or
exacting level of scrutiny, rather than strict scrutiny; Missouri has a
sufficiently important governmental interest in government transparency to
require both paid and unpaid lobbyists to register and report; the
registration requirements in Sec. 105.473 are substantially related to
Missouri's interest in transparency; the burden placed on plaintiff is not
disproportionate to Missouri's interest and the court did not err in
finding the statute was constitutional as applied to plaintiff; facial
challenge to the word "designated" in the definition of a legislative
lobbyist in Sec. 105.470(5)(c) rejected. Judge Stras, dissenting.