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ARTICLE · 25 APRIL 2022

Supreme Court Decides Landmark Billboard Case

The U.S. Supreme Court recently decided a landmark First Amendment case that threatened to topple thousands of sign codes across the country.

United StatesLitigation, Mediation & Arbitration

The U.S. Supreme Court recently decided a landmark First Amendment case that threatened to topple thousands of sign codes across the country.

As a previous Taft law bulletin explained, on-premises signs advertise some good, service, or activity available on the same property as the sign. They are the signs most of us rely on to know that a Starbucks is a Starbucks, the local tire store is a tire store, and the neighborhood house of worship is a house of worship. Off-premises signs are what most of us know as billboards. They advertise goods, services, or activities available on some other property.

Austin, Texas — like thousands of other municipalities — regulates billboards more strictly than on-premises signs. For example, Austin permits on-premises signs to include digital technology but prohibits digital billboards. Applying a categorical rule that it and the Sixth Circuit adopted following Reed v. Town of Gilbert, the Fifth Circuit held that

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