Speech regulation is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed. (a) Because content-based laws target speech based on its communicative content, they are presumptively unconstitutional and may be justified only if the government proves that they are narrowly tailored to serve compelling state interests. Held: The Sign Code’s provisions are content-based regulations of speech that do not survive strict scrutiny.
DESCARGAR UN VECINO INFERNAL 2 CLASICO CODE
The District Court denied their motion for a preliminary injunction, and the Ninth Circuit affirmed, ultimately concluding that the Code’s sign categories were content neutral, and that the Code satisfied the intermediate scrutiny accorded to content-neutral regulations of speech. Unable to reach an accommodation with the Town, petitioners filed suit, claiming that the Code abridged their freedom of speech. The Church was cited for exceeding the time limits for displaying temporary directional signs and for failing to include an event date on the signs. Petitioners, Good News Community Church (Church) and its pastor, Clyde Reed, whose Sunday church services are held at various temporary locations in and near the Town, posted signs early each Saturday bearing the Church name and the time and location of the next service and did not remove the signs until around midday Sunday. “Temporary Directional Signs,” defined as signs directing the public to a church or other “qualifying event,” have even greater restrictions: No more than four of the signs, limited to six square feet, may be on a single property at any time, and signs may be displayed no more than 12 hours before the “qualifying event” and 1 hour after. “Political Signs,” defined as signs “designed to influence the outcome of an election,” may be up to 32 square feet and may only be displayed during an election season.
“Ideological Signs,” defined as signs “communicating a message or ideas” that do not fit in any other Sign Code category, may be up to 20 square feet and have no placement or time restrictions.
Gilbert, Arizona (Town), has a comprehensive code (Sign Code or Code) that prohibits the display of outdoor signs without a permit, but exempts 23 categories of signs, including three relevant here. TOWN OF GILBERT, ARIZONA, et al.Ĭertiorari to the united states court of appeals for the ninth circuit NOTE: Where it is feasible, a syllabus (headnote) will be released, as is being done in connection with this case, at the time the opinion is issued.The syllabus constitutes no part of the opinion of the Court but has been prepared by the Reporter of Decisions for the convenience of the reader.See United States v. The restrictions do not survive strict scrutiny the town has not demonstrated that differentiation between temporary directional signs and other signs furthers a compelling governmental interest and is narrowly tailored to that end. The code singles out specific subject matter, even if it does not target viewpoints within that subject matter. A law that is content-based on its face is subject to strict scrutiny regardless of benign motive, content-neutral justification, or lack of “animus toward the ideas contained.” While the law does not single out any viewpoint, the First Amendment’s hostility to content-based regulation extends to prohibition of public discussion of an entire topic. It defines categories of temporary, political, and ideological signs on the basis of their messages and subjects each category to different restrictions. The Ninth Circuit upheld the sign categories as content neutral, surviving intermediate scrutiny. It was cited for exceeding the time limits and for failing to include an event date. It posted signs early each Saturday bearing its name and the time and location of the next service and did not remove the signs until midday Sunday. “Temporary Directional Signs,” directing the public to a church or other “qualifying event,” are limited to six square feet and may be displayed no more than 12 hours before and one hour after the “qualifying event.” The Church held services at various temporary locations. “Political Signs,” may be up to 32 square feet and may only be displayed during an election season. “Ideological Signs,” “communicating a message or ideas” that do not fit in any other category, may be up to 20 square feet and have no placement or time restrictions. Gilbert, Arizona prohibits the display of outdoor signs without a permit, but exempts 23 categories.
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