The first federal circuit court opinions applying Reagan National Advertising of Austin, Inc. v. City of Austin are flowing in, and local governments can perhaps breathe a sigh of relief: normalcy has returned. Just last week, the Seventh Circuit upheld Madison, Wisconsin’s regulations on “advertising signs,” the definition of which used the same on/off-premises distinction
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Federal District Court: No Preliminary Injunction to Prohibit Fargo from Excluding Adult Toy Store Downtown
The Federal District Court for the District of North Dakota last week denied a request for a preliminary injunction that would have forced the City of Fargo to allow a “premier adult toy retailer” to open a downtown location.
The case arose out of a zoning dispute between plaintiff “Romantix” and Fargo’s planning department. Romantix…
Cop Critic Unsuccessful on Constitutional Claims in the 6th Circuit
By Laura Salter
In April, we blogged about Eubanks v. Woods, in which the Sixth Circuit reversed a district court’s grant of summary judgment in favor of Ohio police officers sued for First Amendment retaliation and unlawful arrest after the officers arrested the plaintiff for speech against the police. Also in April, the same court heard Novak v.…
U.S District Court Enjoins School District from Muting Microphones of Anti-Critical Race Theory Parents
There is quite the fervor among certain American parents about the teaching of critical race theory in public schools. In a recent case out of Missouri, Judge Stephen Clark granted an injunction in favor of one such group of parents. Brooks v. Francis Howell Sch. Dist., 4:22-CV-00169-SRC, 2022 WL 1185147 (E.D. Mo. Apr. 21, 2022).…
Supreme Court: Boston City Hall Plaza Flags Aren’t Government Speech
The City of Boston flies three flags in City Hall Plaza just outside the Boston City Hall: those of the United States, the Commonwealth of Massachusetts, and the City of Boston. From time to time, and at the request of civic groups, organizations, businesses, and others, Boston replaces its flag with another. The Pride Flag…
U.S. District Court Rejects Tree House Builder’s Federal Claims
“This case is about a tree house.” Lepper v. Vill. of Babylon, 18CV7011JMAAYS, 2022 WL 939719, at *2 (E.D.N.Y. Mar. 29, 2022). In a recent federal case out of Long Island, NY, plaintiffs John and Noelle Lepper and their minor children brought an action against the Village of Babylon and several Village officials. The plaintiffs…
Fifth Circuit Remands Ban on Leafletting in Large Crowds
By Laura Salter
A few years ago, Joshua Herridge was waiting outside of a ZZ Top concert in Montgomery County, Texas, but unlike most people gathering near the event hall, he was not there to see the band. He was spreading his religious message by preaching, holding signs, and leafletting near a right-of-way outside of the large pavilion. Herridge was eventually approached…
U.S. Supreme Court Rules in Favor of Austin, Texas in Billboard Case, Upholds Off-Premises Sign Regulations
On Thursday, in the case of City of Austin v. Reagan National Advertising, a case on which we’ve previously reported, the U.S. Supreme Court ruled that the City of Austin, Texas’s off-premises sign regulations were permissible under the First Amendment. The Court’s ruling ensures that state billboard laws and thousands of local sign…
Texas Drone Limitations Ruled Unconstitutional
Stepping beyond the strict confines of sign law this week, we turn to a Texas case exploring new boundaries in First Amendment law: regulations on drone footage. Late last month, the U.S. District Court for the Western District of Texas struck down those regulations as unconstitutional speaker-based restrictions that were also impermissibly vague.
By statute…
Court Dismisses with Prejudice Complaint that Permit Denials were Unconstitutional
In 2021, the San Francisco International Arts Festival (“SFIAF”) and affiliated artist Nkechi Emeruwa were denied permits for two outdoor performance events due to city and state limitations on public gatherings implemented in response to the COVID-19 pandemic. Together, SFIAF and Emeruwa brought suit in federal district court against San Francisco Mayor London Breed claiming…