help me with Business Law case: Commercial Speech?
Commercial Speech. A mayoral election is about to be held in a large U.S. city. One of the candidates is Luis Delgado and his campaign supporters wish to post campaign signs on lampposts and utility posts throughout the city. A city ordinance, however, prohibits the posts of any sings on public property. DelgadoÂ’s supporters contend that the city ordinance is unconstitutional because it violates their right free speech. What factors might court consider in determining the constitutionality of this ordinance?
- SídheLv 79 years agoFavorite Answer
This is considered a time, place, and manner restriction.
If the ordinance is content-neutral AND the city can show a substantial governmental interest, then it has been ruled by the Supreme Court to be an acceptable curtailment of the First Amendment.
In this particular case, the ordinance restricts ALL signs from being posted on public property. Because it is content neutral, the city would only need to show that it has a substantial governmental interest in the ordinance, such as beautification and reduction of litter.
See City Council of the City of Los Angeles v. Taxpayers for Vincent for this exact case.
Here's a good paper that discusses this and other aspects of time, place, and manner in regards to political signage in detail
- Anonymous3 years ago
1Source(s): Learn Personal Defence http://netint.info/UltimateSelfDefenseGuide