Do not reference the content of the sign.They are often referred to as reasonable time, place, and manner restrictions. As a result, courts usually uphold ordinances considered content-neutral.Ĭourts generally uphold regulations that meet the criteria below. Courts generally uphold regulations that further a significant government interest, as long as reasonable alternative channels for communication exist. Content-neutralįor sign ordinances that do not regulate the message or content of signs (commonly called “content-neutral”), courts apply a lower standard of review to the reasonableness of regulations. It furthers a compelling government interest, andĬourts have found few governmental interests represent justifiable “compelling interests.” As a result, in practice, few, regulations survive strict scrutiny.This heightened level of review is called “strict scrutiny.” The court will only uphold the ordinance if: If a court finds the city expressly regulated, or intended to regulate a message or content, then the court applies a more rigorous level of review to those ordinances. The Supreme Court found this ordinance to be content-based because the regulation “on its face” looked to the message on the proposed sign to determine how the city would regulate it. The ordinance in Reed also placed different physical restrictions on the separate types of signs. In Reed, the Town of Gilbert’s sign code required permitting for signs, but then listed out categories or types of signs exempt from permitting, including “political signs,” “ideological signs,” and “temporary directional signs.” If not, then is there evidence showing the city adopted the regulation specifically because of disagreement (or agreement) with the message expressed by the sign?.Does the ordinance language refer to the content or the message of the sign?.The Reed decision created a two-step analysis to determine if the ordinance restricts speech: If the ordinance draws distinctions based on the message communicated by the sign, the court reviews these ordinances more harshly than if the ordinance regulates signs and their placement without regard to content. One is a content-based standard, the other is a content-neutral standard. Since Reed, courts now presume that sign ordinances that restrict speech (either expressly or implicitly) are unconstitutional.Īs a result, courts look first to the effect of the sign ordinance - whether the ordinance regulates signs differently based on the content or message of the sign - before conducting their analysis of the constitutionality of the ordinance.īased on the court’s determination, the court will apply one of two standards of review to the challenged ordinance. ![]() They would only strike down ordinances where they found evidence that the city “adopted (the sign regulation) to suppress speech with which the government disagreed.” This is commonly known as content-based speech. Prior to this decision, courts generally presumed sign ordinances were valid and considered the intent behind the adoption of the ordinance. Supreme Court decided a seminal case that changed how courts review the validity of sign ordinances ( Reed v. The First Amendment protects signs as speech, and as a result courts closely review attempts to regulate signs. Any attorney general opinions cited are available from the League’s Research staff. Do not use it as a substitute for legal advice. This content conveys general information. ![]() Commercial speech versus noncommercial speech.Directory of City Officials - Print Edition.The Trust’s Mission, Values, and Advantage.GatherGuard – Event Liability Insurance.2022-2023 Coverages, Rates, and Dividend. ![]() Personnel Policies and Working Conditions.
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