This learning activity focuses on constitutional authority to regulate business and constitutional law concepts.
Case Scenario: Seacoast enacted a city zoning ordinance regarding placement of outdoor signs and billboards. The ordinance banned outdoor advertising display signs, including billboards, on all public roads within the city limits. Advertising signs and billboards on-site on any public or private business location are exempt from this ordinance, and thus, permissible. Seacoast claimed the ordinance was necessary to promote public traffic safety and aesthetics, to protect its tourism, and to protect city growth.
On the Road, Inc., a company in the business of leasing commercial billboards to advertisers, and the primary billboard provider in Seacoast, sued Seacoast alleging the zoning ordinance is unconstitutional.
A. Discuss whether the ordinance is constitutional or unconstitutional and why.
B. Explain the constitutional legal basis Seacoast could argue provides it with the authority to enact the ordinance OR explain why there is no constitutional authority/legal basis for Seacoast to enact the ordinance.
Here is a response someone made to the above. Please state how you agree or disagree.
A. This ordinance is legal according to my interpretation of the First Amendment, in which historically (even if not correctly) advertisements of any kind have received less protections under the law.
B. Additionally, in the Supreme Court decision “Central Hudson Gas & Electric Corp. v. Public Service Commission of New York, June 20th, 1980,” it was determined that a state must justify that such an action would substantially advance state interests (Advertising is Protected, n.d). In this case, the government has presented cause and reason wherein the need for zoning regulation is justified. The government has cited public traffic safety, aesthetics, tourism, and city growth as cause for regulating billboard advertisements. Free speech itself is not being infringed upon, only the medium and location that it will be expressed.
References:
Advertising Is Protected by the First Amendment. (n.d) retrieved August 25, 2016, from lawpublish.com Web Site:http://www.lawpublish.com/amend1.html
