5 ms·
They're state laws. It's a 9th/10th Amendment issue. A federal billboard ban would certainly seem to violate the 1st. A ban in California would seem illegal as
by maxwell 5y ago
They're state laws. It's a 9th/10th Amendment issue. A federal billboard ban would certainly seem to violate the 1st.
A ban in California would seem illegal as well, due to the affirmative right to free speech contained in the California Constitution (see Pruneyard Shopping Center v. Robins).
Here in Maine, on-premises signs are allowed but have strict limitations:
https://legislature.maine.gov/statutes/23/title23sec1914.html https://legislature.maine.gov/statutes/23/title23sec1914.htm...
- throwawaysea 5y agoBut the supremacy clause (https://en.wikipedia.org/wiki/Supremacy_Clause https://en.wikipedia.org/wiki/Supremacy_Clause) prevents state laws from preempting federal laws, including the constitution.
- maxwell 5y agoYeah, you're right. It looks like sign bans are usually unconstitutional when content-based, where the substance of what is being communicated is taken into account (e.g. bans on only commercial signs), but generally hold up if content-neutral and based on reasonable factors, such as safety or aesthetics. See Reed v. Town of Gilbert (content-based ban struck down) versus Scenic Arizona v. City of Phoenix (content-neutral and safety-based ban on electronic signs upheld). https://www.scenic.org/sign-control/billboard-laws/important-legal-cases/ https://www.scenic.org/sign-control/billboard-laws/important...