One of the trickier aspects of First Amendment jurisprudence has always been deciding whether and when conduct receives constitutional protection. Regulations that involve words or speech are easy enough. But does the First Amendment protect the heap of garbage your
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U.S. Supreme Court to Review Austin Billboard Case
On Monday, the U.S. Supreme Court granted the City of Austin, Texas’s petition for writ of certiorari in a case that may determine the legal fate of states’ and local governments’ efforts to restrict billboard advertising.
In the case, which …
8th Circuit: Street Preacher Doesn’t Have First Amendment Right to Disrupt Permitted Festival
Some things go together: funnel cakes, summer crowds, and street vendors, for instance. The prospect of eternal damnation, on the other hand, tends to dampen the mood. So it was that several Davenport, Iowa police officers escorted street preacher Cory…
Massachusetts Supreme Court Strikes Down State Panhandling Law
In a recent case out of Fall River, Massachusetts, the state supreme court found a panhandling law so riddled with constitutional problems as to require entire invalidation. Plaintiffs, each a homeless person who sometimes panhandled to meet their basic needs,…
Nevada Supreme Court Concludes Anti-SLAPP Statute Protects Anti-Developer Comments on Nextdoor
Today, we depart from our regularly scheduled sign-litigation programming to explore a development in the realm of Anti-SLAPP statutes—laws protecting the public from “Strategic Lawsuits Against Public Participation.”
If you’re already familiar with Anti-SLAPP statutes, skip ahead to the next…
District Court Strikes Down Florida City’s Sign License Requirement
In a recent order on cross motions for summary judgment, a federal district court in Florida reiterated the high bar to upholding prior restraints on speech. Plaintiffs Florida Beach Advertising and its owner and operator David Duvernay were cited on…
New Article by Professor Mandelker Discusses Billboards, Free Speech Rights
Our friend and colleague, Professor Daniel R. Mandelker of Washington University in St. Louis, has published a new article, titled Billboards, Signs, Free Speech, and the First Amendment. The article is featured in the Real Property, Trust, and Estate …
Court Dismisses RLUIPA and Equal Protection Clause Case for Lack of Standing
A federal district court in Illinois recently denied a church’s preliminary injunction motion and dismissed its suit alleging that a zoning ordinance violates RLUIPA and the Equal Protection Clause. In all of its zoning districts, the Village of Homewood allows…
Federal District Court Strikes Down Fort Worth’s Prohibition and Exemption Scheme for Materials in the Right-of-Way
Recent litigation against the city of Fort Worth has once again confirmed that localities should steer clear of content-based sign codes and free-wheeling approval processes. Dallas’s neighbor learned that lesson after a federal district court struck down portions of its…
Eleventh Circuit Remands Some RLUIPA and Related Claims in Buddhist Center Zoning Permit Case
In November, the court sent parts of a case about a seemingly-unwelcome religious center back for district court reconsideration. The Thai Meditation Association of Alabama, a Buddhist organization, had applied for zoning permits to construct a meditation and retreat center…