Tag: first amendment

Rothfelder On Texas SB 19 And The First Amendment Right To Refuse Firearm Ads

It seems like everyday there’s a new mass shooting, whether its Uvalde, Buffalo, Parkland, Sandy Hook, and on and on. And, just as predictably, there’s more and more talk about gun control legislation.  Especially in these tragic times, everybody appears to have an opinion under the Fourth Amendment, namely whether […]

Reagan v Austin Impacts Indiana Court Decision

In a July 11 ruling on GEFT Outdoor v City of Westfield the Indiana US Court of Appeals for the Seventh District remanded an out of home dispute back to a lower court to reconsider a verdict in light of Reagan v Austin. Westfield, Indiana denied a request by GEFT […]

Will the Supreme Court take up Austin’s sign code appeal?

Lots of speculation as to whether the US Supreme Court will take up an appeals court decision that the city of Austin’s ban on off-premise digital billboards violates the First Amendment.  The case is Reagan and Lamar versus City of Austin.   Austin has approved a legal services agreement with a […]

Court Busts Bus Line Ban on Religious Ads

A federal appeals court ruled that a local transit authority in Pennsylvania cannot exclude ads that refer to religion because that violates the First Amendment. The County of Lackawanna Transit System’s policy to ban “speech related to religion discriminates based on the basis of viewpoint,” said the US Third Circuit […]

Billboard Ban and Free Speech Collide in Alaska

Alaska’s Outdoor Advertising Law, was passed by citizen initiative in the 1990s. That law is very broad, and prohibits the public from: (1) placing signage within a right-of-way, and (2) placing signage on private property within 660 feet of the right-of-way if the sign is viewable from the roadway. Because […]

Smith on The Impact of Reed v Gilbert

Part 3 in a series on First Amendment Sign Cases by J. Allen Smith, an eminent domain and condemnation expert at Settlepou, a Dallas law firm.  Smith previously discussed Metromedia and two cases which amplified Metromedia.   The reverberations of Reed v. Town of Gilbert are in full effect. Its […]