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Landlord Tenant Law United States Supreme Court

Supreme Court Again Addresses Municipal Sign Regulations

In 2015, the U.S. Supreme Court applied strict scrutiny to a sign regulation as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs in City of Austin, Texas v. Reagan National Advertising.

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In the October 2015 issue of New York Real Estate Law Reporter, we discussed the decision of the U.S. Supreme Court in Reed v. The Town of Gilbert, 135 S.Ct. 2218 (2015). In that decision, the Court applied strict scrutiny to a sign regulation, as it related to directional signs placed by a local congregation that held services at different locations each week. In April 2022, the Court took another look at the issue of strict scrutiny relating to “off-premises” signs. In the case of City of Austin, Texas v. Reagan National Advertising of Austin, LLC, No. 20-1029 (2022), in distinguishing the determination in Reed v. The Town of Gilbert, the majority concluded, in an opinion by Justice Sonia Sotomayor, that strict scrutiny should not apply to determining whether the off-premises sign regulations at issue violated the First Amendment.

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