Thursday, August 3, 2017
Dan Mandelker (Wash U Law) has issued a supplement to his work on First Amendment Law for On Premise Signs, which reviews sign cases from the last year. Here is the summary from the preface:
This supplement reports cases decided and articles published since the 2016 revision. For the most part, recent cases have confirmed trends noted in the revision, especially refusing to extend Reed to sign ordinances that apply to commercial speech. When ordinances make content-based distinctions, however, as by treating similar types of signs differently, the courts do not hesitate to apply Reed and hold them unconstitutional. Cases striking down exceptions included in state highway beautification acts are also common. Surprisingly, several cases applied the time, place and manner rules to free speech claims against commercial speech regulations, rather than the Central Hudson factors. Some issues, such as whether evidence is required to prove an ordinance substantially advances governmental objectives, drew mixed decisions.
The full document is available at landuselaw.wustl.edu, and can also be downloaded from the link below: