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Constitutional Law Keyed to Chemerinsky
City of Austin, Texas v. Reagan National Advertising of Austin, LLC
Citation:
596 U.S. 61, 142 S. Ct. 1464, 212 L. Ed. 2d 418 (2022)Facts
The City of Austin’s sign code regulates signs within the city limits. The code distinguishes between “on-premises” signs, which advertise businesses or activities conducted on the property where the sign is located, and “off-premises” signs, which advertise businesses or activities not located on the same premises as the sign. The code permits on-premises signs to be digitized but prohibits the digitization of off-premises signs. Reagan National Advertising, which owns billboards in Austin, applied for permits to digitize some of its off-premises billboards. When the City denied these applications, Reagan sued, arguing that the distinction between on-premises and off-premises signs was content-based and thus violated the First Amendment under Reed v. Town of Gilbert. The case ultimately reached the Supreme Court after lower courts disagreed on whether the distinction was content-based.
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