Nos. 24-3120, 24-3204 (8th Cir. Jan. 2, 2026); cert. pending, No. 26-34
Missouri’s requirement that registrants post a “No candy or treats” sign on Halloween compels speech and fails strict scrutiny.
Under review. Missouri has petitioned the U.S. Supreme Court (No. 26-34). Briefing is complete. The Court took no action at its October 9, 2026 conference and redistributed the petition on October 13 for the conference of October 16, 2026. No order yet. Binds federal courts in its circuit only. Persuasive, not binding, everywhere else.
Missouri’s Halloween statute, Mo. Rev. Stat. § 589.426, requires registrants to stay home and post a sign reading “No candy or treats at this residence.” Registrants challenged the sign mandate, and the district court enjoined it statewide.
A panel led by Judge Kelly held that the sign mandate compels speech and is not the least restrictive means of serving the state’s interest, so it fails strict scrutiny. The court affirmed on the merits but vacated the statewide injunction and remanded on the scope of relief. Rehearing was denied February 6, 2026.
It extends McClendon v. Long from a sheriff’s policy to a state statute. If the Supreme Court takes the case, it could decide how the First Amendment applies to registry notice rules nationally; sixteen states filed in support of Missouri’s petition.
It addressed only the sign requirement, not the rest of the Halloween statute. On remand, according to the brief in opposition, the district court narrowed the permanent injunction to Sanderson alone on May 29, 2026.
Eighth Circuit affirms on the merits; statewide injunction vacated and remanded on scope.
Rehearing denied.
On remand, the district court narrows the permanent injunction to Sanderson, with his agreement (as described in the brief in opposition).
Missouri files a petition for certiorari, No. 26-34.
Brief in opposition filed.
Missouri files its reply brief.
Petition distributed for the conference of October 9, 2026.
No action on the October 13 order list; petition redistributed for the conference of October 16, 2026.
Last verified against the sources above on October 15, 2026.
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