WASHINGTON – Can a state require sex offenders to post "no candy" signs on Halloween?
The Supreme Court isn't getting involved in that First Amendment debate.
Over the objection of Justice Samuel Alito who wanted to take the case, the court on Oct. 19 declined Missouri's request to review a lower court’s ruling that signs stating “No candy or treats at this residence” violate free speech rights.
Missouri said the signs protect children.
“After all, Halloween is the night when children are most likely to approach sex offenders’ doors,” lawyers for the state wrote in their appeal.
But an appeals court based in Missouri said there’s no evidence that children would be at risk without such postings, as long as the registered sex offender complies with the state’s
other Halloween rules. Those include leaving the lights off, remaining inside and not engaging with trick-or-treaters.
As a result, the 8th U.S. Circuit Court of Appeals said, the sign requirement can’t survive the tough legal standard for laws that “compel speech.”
The law was challenged by Thomas Sanderson, who was convicted of a sex offense in 2006.
Two years later, the state passed its Halloween restrictions for registered sex offenders.
Sanderson, who regularly created elaborate Halloween displays, said local police assured him the new rules were not retroactive so did not apply to him.
But in 2022, Sanderson was prosecuted for violating the rules. He then challenged the state’s sign requirement.
A federal judge ruled against the state and the appeals court affirmed that decision.
In arguing to the Supreme Court that they need not get involved, Sanderson’s lawyer said the case “has scant public importance.”
“Adding a scarlet-letter law does not meaningfully protect children or aid in enforcing the other restrictions,” his lawyer wrote.
“States are free to enforce any number of conduct-based restrictions on Halloween participation,” his lawyer said, “as Missouri already does.”
This article originally appeared on USA TODAY: A sex offender made fancy Halloween displays. The state tried to keep kids away
