woolfe9999
Diamond Member
- Mar 28, 2005
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Rather than respond to particular posts, I'll just summarize the constitutional law here. Advertising has protection of the First Amendment, but to a lesser degree than other forms of speech. False advertising has no protection at all. Advertising not proven false can be regulated if the state has a substantial interest and is employing the least restrictive means possible. Here's a more extensive discussion for those interested:
http://www.lawpublish.com/amend1.html
A key issue with these mobile billboards is what criteria are they using for which ones they ban or not? If the criteria has to do with say, the size of the vehicle or where it is being physically moved, it's highly doubtful there is a First Amendment problem. If the criteria is the content of the billboard itself, then that is another matter entirely. From the OP article, I highly doubt they are selectively banning particular billboards based on the content of the adverts displayed on those billboards.
Think of it this way. You own a car and you have bumper stickers on it expressing certain political views. You park it somewhere and leave it there for days. You think the state can't tow your car as a nuisance just because you have bumper stickers on it? The issue isn't the message. It's the vehicle.
- wolf
http://www.lawpublish.com/amend1.html
A key issue with these mobile billboards is what criteria are they using for which ones they ban or not? If the criteria has to do with say, the size of the vehicle or where it is being physically moved, it's highly doubtful there is a First Amendment problem. If the criteria is the content of the billboard itself, then that is another matter entirely. From the OP article, I highly doubt they are selectively banning particular billboards based on the content of the adverts displayed on those billboards.
Think of it this way. You own a car and you have bumper stickers on it expressing certain political views. You park it somewhere and leave it there for days. You think the state can't tow your car as a nuisance just because you have bumper stickers on it? The issue isn't the message. It's the vehicle.
- wolf
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