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Planning & Environmental Law
Issues and decisions that impact the built and natural environments
Volume 66, 2014 - Issue 11: Cases 250–285
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Commentary

Supreme Court Preview:Reed v. Town of Gilbert to Address Content Neutrality in Sign Regulation

 

Abstract

For the first time in two decades, the U.S. Supreme Court is scheduled in the 2014–2015 term to review the thorny planning and legal subject of local government regulation of outdoor signs and billboards and the core First Amendment requirement that regulations of speech be ”content neutral“. In basic terms, the content‐neutrality doctrine prohibits the government from regulating a speaker's content or message–including messages on outdoor signs. In Reed v. Town of Gilbert, the Court will be asked to decide whether Gilbert, Arizona's sign code, which distinguishes among several categories of signs, including religious, political, and ideological signs, meets the content neutrality requirement. In so doing, the Court may provide direction on how far local governments can go in regulating speech based on message, and the Court can resolve a longstanding division among the federal appellate courts over the meaning of content neutrality

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