[Massplanners] some good news on signs, but ...

Dwight Merriam dwightmerriam at gmail.com
Thu Apr 21 15:06:05 EDT 2022


https://www.law.cornell.edu/supremecourt/text/20-1029#writing-20-1029_SYLLABUS

(b) This Court’s determination that the City’s on-/off-premises distinction
is facially content neutral does not end the First Amendment
<https://www.law.cornell.edu/constitution/first_amendment> inquiry.
Evidence that an impermissible purpose or justification underpins a
facially content-neutral restriction may mean that the restriction is
nevertheless content based. Moreover, to survive intermediate scrutiny, a
restriction on speech or expression must be “ ‘narrowly tailored to serve a
significant governmental interest.’ ” *Ward* v. *Rock Against Racism,* 491
U. S. 781 <https://www.law.cornell.edu/supremecourt/text/491/781>, 791.
Because the Court of Appeals did not address these issues, the Court leaves
them for remand and expresses no view on the matters. Pp. 13–14.

Regards,
Dwight


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