In other words, “signs can say whatever they want so long as they are in the correct location.”The Tennessee Star © 2019 - 2020The Sixth Circuit Court’s 21-page opinion, written by Judge Batchelder, is enlightening, even snarky in the examples used to demonstrate the points made, and most definitely harsh on TDOT’s Billboard Act.To establish that the regulation restricting free speech is narrowly tailored, government bears the burden of showing that the regulation advances the state’s compelling interest in a direct and material way.
Bush on June 12, 1991, to a seat vacated by Frederick Pierce Lively. A summary of what the court actually decided is needed. And she might almost have been a U.S. Supreme Court nominee, once.She also ruled in the famous University of Michigan Law School affirmative action case, where she wrote the dissenting opinion.Prior to becoming a judge, Batchelder worked in private practice in Medina, Ohio, for twelve years. The sign would presumably qualify under the Billboard Act’s on-premises exemption, because message is related to the activities at the center.The opinion states the scheme, rather than being rendered content-neutral, redoubles the importance of the message content.While that case is still ongoing, in 2013, Thomas sued in the Western District of Tennessee Federal Court, alleging that the Billboard Act was an unconstitutional restriction of speech in violation of the First Amendment.Judge Batchelder spells out that when a case implicates a core constitutional right – such as a First Amendment right – the applied level of scrutiny is based on whether the restriction is content-based or content-neutral.The conclusion: “Two identically situated signs about the same ideological topic – one sign/speaker/message is allowed; the other is not,” wrote Judge Batchelder.Tennessee’s Billboard Act is also under-inclusive, opined Judge Batchelder, because it discriminates against non-commercial speech on but unrelated to the premises, while allowing on-premises commercial speech.The other exception is advertising on the property where the sign is located that has the purpose of identifying the activity, product or service conducted on the property. She then went on to serve as a U.S. bankruptcy judge and eventually, a U.S. district court judge, where she was appointed by President Regan. […]Laura, thank you for an excellent recap of a long & involved 6th District court decision & situation of governmental overreach It is quite critical of the ‘beautification’ bias that has crept in over the years.
Alice Moore Batchelder (born August 15, 1944) is an American attorney and jurist.She is currently a Senior United States Circuit Judge of the United States Court of Appeals for the Sixth Circuit.She served as chief judge from 2009 until 2014. Assumed senior status on March 7, 2019.
March 7, 2019 If not for Tennessee’s proffered disputes, we would label this ‘indisputable.’”Tennessee contends that sign content is irrelevant, that what matters is location. Because I really have no clue.In 2006, William Harold Thomas, Jr., an owner of over 30 billboards in Tennessee, applied to TDOT for a permit to put up a billboard on a vacant lot for the purposes of commercial advertisement.
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