On October 27th, Amy Coney Barrett was sworn in as the third and most recent of President Trump’s nominations to the Supreme Court, joining Justices Kavanaugh and Gorsuch. The “new” Supreme Court is decidedly conservative, led by Chief Justice Roberts, Justices Alito and Thomas, and now, Kavanaugh, Gorsuch, and Barrett. […]
Tag: supreme court
Supreme Court Declines to Review Thomas Case
The US Supreme Court declined to review the ruling of the United States Court of Appeals for the Sixth Circuit that Tennessee’s billboard law was unconstitutional. The ruling invalidated Tennessee’s sign code. On June 25, 2020 Tennessee’s Governor Bill Lee signed legislation to revise Tennessee’s sign rules to fix the […]
Michael Wright on Rethinking Reed and Commercial Speech.
By Michael F Wright Ever since Metromedia, Inc. v. City of San Diego (1981), courts have been applying an ultra-lenient version of intermediate scrutiny under Central Hudson Gas & Electric Co. v. Public Service Commission (1980) to content-based regulation of commercial signs. Then in Reed v. Town of Gilbert, Arizona […]
Supreme Court Removes Catch-22 in Takings Cases
In a victory for property rights, the Supreme Court overruled precedent that had set up a Catch-22 blocking property owners from pursuing takings claims against state and local governments in federal court. The 5-4 ruling was issued June 21; Chief Justice John Roberts wrote the majority opinion (Knick v. Township […]
Supreme Court Declines On/Off-Premise Sign Case
By Kerry Yoakum, Vice President of Government Affairs, OAAA On May 29, the US Supreme Court declined a challenge to San Francisco’s outdoor advertising restrictions which permit on-premise advertising but prohibit off-premise advertising. In 2015, Contest Promotions, a company that runs raffles for prizes such as movie and concert tickets […]
Rothfelder & Falick on Scenic America vs. Dept. of Transportation
From Richard L. Rothfelder of Rothfelder & Falick L.L.P. Supreme Court Denies Petition for Writ of Certiorari in Scenic America vs Department of Transportation On October 16, 2017, the Supreme Court of the United States denied the petition for writ of certiorari filed by Scenic America in a case watched […]
Digital Billboards Supreme Court Win
October 16, 2017 (Washington, DC) — The US Supreme Court today denied Scenic America’s appeal of its failed legal attack on digital billboards, ending a four-year legal battle. “A decade ago, a federal agency responded to questions from States – which is routine — about a new technology known as […]
The Latest Development in Scenic America’s Digital Billboard Lawsuit
When Insider last reported on this case, Scenic America had lost its attempt to overturn federal guidance on digital billboards on appeal and then asked the US Supreme Court to hear the case. Last week, the Supreme Court asked the government and the billboard industry – the defendants — to […]