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Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly Sep 2012

Environmental Aesthetics And Free Speech: Toward A Consistent Content Neutrality Standard For Outdoor Sign Regulation , Brian J. Connolly

Michigan Journal of Environmental & Administrative Law

First Amendment challenges by billboard companies and other sign owners to local sign regulations have become a frequent occurrence in the past thirty years. The stakes are high for both commercial sign owners and local governments. Sign control has emerged as an important front in the environmental protection movement, as it focuses on the visual or scenic quality of the environment. Courts have begun to recognize and accept local governments’ interest in controlling the proliferation of signage as part of their efforts to improve environmental quality, but courts have applied First Amendment doctrine in an inconsistent manner. The courts’ inconsistent …


Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo Jan 2005

Scylla Or Charybdis: Navigating The Jurisprudence Of Visual Clutter, M. Ryan Calo

Michigan Law Review

This Note argues that passing close to Discovery Network is the safest route - municipalities can still drastically reduce visual clutter by regulating commercial speech alone without violating the First Amendment. Part I looks at the onsite/offsite distinction, a singularly popular method of sign regulation, and concludes that this distinction runs squarely afoul of Metromedia. Part II looks at the once-accepted alternative route - the commercial/noncommercial distinction - and argues that this distinction does not run afoul of Discovery Network. Rather, a close reading of Discovery Network permits the regulation of exclusively commercial billboards where, as typically, they …


Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham Jun 1973

Billboard Control Under The Highway Beautification Act Of 1965, Roger A. Cunningham

Michigan Law Review

Although the advertising control provisions of the Highway Beautification Act of 1965 have been the subject of unremitting controversy from the date of enactment until the present time, only three substantive amendments to title I have been adopted in the intervening years. These are the amendments to subsections ( d) and (j) and the addition of a new subsection (n) all of which were adopted in 1968.


Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review Jun 1973

Beyond The Eye Of The Beholder: Aesthetics And Objectivity, Michigan Law Review

Michigan Law Review

The term "aesthetic legislation," as used in this Note, refers only to legislation that bears upon the visual character of the physical environment, rather than to legislation on problems of noise and odor. The legal system has handled problems of the latter sort much better; only the sense of sight has been left unprotected. Perhaps one reason for its neglect is that in order to make an area visually pleasing positive programs, such as zoning, must be used, as well as passive prohibitions of such noxious uses as billboards. Noise and odor problems, which can be resolved by prohibitions alone, …


Municipal Corporations - Police Power - Billboard Regulations For Aesthetic Purposes, Bertram H. Lebeis Feb 1938

Municipal Corporations - Police Power - Billboard Regulations For Aesthetic Purposes, Bertram H. Lebeis

Michigan Law Review

Plaintiff applied to defendant superintendent of buildings for permits to erect billboards for general advertising purposes on plaintiff's, property in the city of Troy. Defendant refused to issue the permits on the authority of an ordinance which made it unlawful to erect any billboard and/ or signboard within the city limits, except upon real property owned or leased by the occupants thereof and for the sole purpose of advertising the sale of such property or of merchandise kept for sale upon such premises. Plaintiff petitioned for a writ of mandamus to compel defendant to issue the permits. Held, that …


Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner Jan 1917

Prohibiting Advertising On Walls And Buildings Under The Police Power, W. Gordon Stoner

Articles

There have been many unsuccessful attempts by city authorities of late to abolish or prevent unsightly billboards and advertising. In a recent case A was arrested and fined for violating a city ordinance prohibiting the display of advertising matter on walls and buildings within the city without the consent of the city council. On refusal to pay the fine A was held in the custody of the city marshal, and brought habeas corpus to secure his release. The court held that the affidavit charged no violation of the ordinance unless it were construed as prohibiting the painting of any sign …