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City Of Austinv.Reagan National Advertising Of Austin, Llc

CourtSupreme Court of the United States
Docket No.20-1029
DecidedApril 21, 2022
Reporter596 U.S. 61
JudgesSupreme Court of the United States
Tags
CivilConstitutional LawFirst AmendmentFree SpeechGovernment LawStatutory InterpretationReversal
Case Summary

Austin prohibited new off-premises signs and treated on-premises signs differently when the advertised business changed. Reagan National Advertising challenged that distinction under the First Amendment. The Supreme Court held that Austin’s rule was content neutral because it did not depend on the message expressed on a sign; it depended on the location of the advertised activity. The Court therefore applied intermediate scrutiny rather than the more demanding standard for content-based speech restrictions. It vacated the lower court’s contrary analysis and held that the sign code should be reviewed under the appropriate content-neutral framework. Justice Thomas, joined by Justice Gorsuch, dissented and would have treated the distinction as an impermissible content-based restriction.

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