The city of Anytown, Florida, enacts a city zoning ordinance that prohibits outd

Question

The city of Anytown, Florida, enacts a city zoning ordinance that prohibits outdoor advertising display signs, which includes neon signs and billboards, because it is concerned about traffic safety and aesthetics. A local business, Billboards R Us, believes that this ordinance is unconstitutional in that it violates the First Amendment protection of commercial speech. Billboards R Us sues the city of Anytown alleging that the zoning ordinance is unconstitutional.

What is commercial speech? What parameters has the Supreme Court placed on commercial speech? Based on the definition of commercial speech, analyze whether this zoning ordinance would be considered constitutional. If it is unconstitutional, can the city place any restrictions on commercial speech?

Explanation / Answer

Commercial speech is a US legal term relating to speech done on behalf of a company or individual for the intent of making a profit. It is economic in nature and usually has the intent of convincing the audience to partake in a particular action, often purchasing a specific product.

The parameters that the Supreme Court placed on commercial speech are (1) is the material meant to be an advertisement, (2) does the material reference a particular product, and (3) is there is an economic motivation for disseminating the material? If all of these attributes are present, then it is protected under the First Amendment.

This zoning ordinance can be considered constitutional but city can place any restrictions on this commercial speech.

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