The First Amendment of the Constitution: Free Speech: (Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.)
Do the courts have the right to find in favor of cities, states or municipalities and deny this Constitutional right?
Please see the following link:
http://www.nytimes.com/2009/09/14/nyregion/14billboards.html?ref=nyregion
A version of this article appeared in print on September 14, 2009, on page A14 of the New York edition.
New York, a city unlike most, but similar in the respect that many an individual or individuals establish(s) a business in the hopes of reaping the benefits of success.
Along with the day-to-day operations of any business comes the promotion thereof. As any good business owner is aware, advertising, to some degree, is paramount to success.
As stated in the attached link, the courts have ruled in favor of the city regarding the regulation of advertising via billboard placement, thus denying the fundamental right of Free Speech.
Through several loopholes, it appears that some signs are legal and others, not. However, due to minimal or no enforcement to date, the reality is that differentiating between the two appears to be impossible.
The City’s right to control/regulate this advertising, inclusive of their own billboard advertising (which seems hypocritical to me), is currently under appeal.
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