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Constitutional Law Keyed to Feldman
City of Austin, Texas v. Reagan National Advertising
Citation:
596 U.S. 61, 142 S. Ct. 1464, 212 L. Ed. 2d 418 (2022)Facts
The City of Austin, like many jurisdictions across the country, regulates signs that advertise things not located on the same premises as the sign. Austin’s sign code defined “off-premise sign” as “a sign advertising a business, person, activity, goods, products, or services not located on the site where the sign is installed, or that directs persons to any location not on that site.” The code prohibited construction of new off-premises signs and restricted modifications to existing off-premises signs, which could remain as “nonconforming signs” but could not be altered in ways that increased their nonconformity, including digitization. On-premises signs, however, were permitted to be digitized. Reagan National Advertising and Lamar Advantage Outdoor Company, billboard owners in Austin, sought permits to digitize some of their off-premises billboards. When the City denied their applications, Reagan filed suit alleging that the City’s prohibition against digitizing off-premises signs but not on-premises signs violated the First Amendment’s Free Speech Clause.
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