PASSIONS VIDEO, INC. v. NIXON

Nos. 05-3847, 05-4053.

458 F.3d 837 (2006)

PASSIONS VIDEO, INC., a Missouri corporation; Gala Entertainment of KC, Inc., a Missouri corporation, Appellants, v. Jay NIXON, Attorney General of the State of Missouri, in his official capacity, Appellee. Steele Retail 37, doing business as Lion's Den, LLC, Appellant, v. Jay Nixon, Attorney General of the State of Missouri, in his official capacity, Appellee, American Civil Liberties Union of Kansas and Western Missouri, Amicus on Behalf of Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: August 21, 2006.


Attorney(s) appearing for the Case

J. Michael Murray, argued, Cleveland, OH (Richard T. Bryant, Kansas City, MO, on the brief), for appellant.

John P. Clubb, argued, AAG, Jefferson City, MO (Robert Ryan Harding, AAG, Jefferson City, MO, on the brief), for appellee.

Before SMITH, HEANEY, and GRUENDER, Circuit Judges.


HEANEY, Circuit Judge.

In this case we consider two consolidated appeals challenging the constitutionality of a Missouri criminal statute that regulates advertising by Missouri businesses that offer sexually explicit entertainment and materials. The district court found the statute to be a constitutional regulation of commercial speech. We reverse.

BACKGROUND

Missouri statute section 226.531 restricts on- and off-premises advertising within one mile...

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