Municipal regulation of signage must balance a number of important interests, including free speech, visual aesthetics, traffic safety, and economic activity. Amending sign regulations is often difficult and controversial, as these interests typically impact a variety of stakeholders with strong and competing views. Until recently, the degree of difficulty has been compounded by a lack of clarity in controlling First Amendment jurisprudence over what constitutes a “content-based” regulation that is subject to “strict scrutiny” review.
This presentation will review the U.S. Supreme Court’s recent rulings on sign regulations, which have substantially clarified the law. While updating your sign regulations may still present challenges, now is the time to ensure that your code passes muster under current law. The goal of this presentation is to help local governments identify areas of concern and opportunities for improvement within their own municipal sign regulations.