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Visual Gut Punch: Persuasion, Emotion, And The Constitutional Meaning Of Graphic Disclosure, Ellen P. Goodman
Visual Gut Punch: Persuasion, Emotion, And The Constitutional Meaning Of Graphic Disclosure, Ellen P. Goodman
ellen p. goodman
The ability of government to “nudge” with information mandates, or merely to inform consumers of risks, is circumscribed by First Amendment interests that have been poorly articulated in the relevant law and commentary. New graphic cigarette warning labels supplied courts with the first opportunity to assess the informational interests attending novel forms of product disclosures. The D.C. Circuit enjoined them as unconstitutional, compelled by a narrative that the graphic labels converted government from objective informer to ideological persuader, shouting its warning to manipulate consumer decisions. This interpretation will leave little room for graphic disclosure and is already being used to …
Evidence-Based Sign Regulation: Regulating Signage On The Basis Of Empirical Wisdom, Dawn E. Jourdan
Evidence-Based Sign Regulation: Regulating Signage On The Basis Of Empirical Wisdom, Dawn E. Jourdan
Dawn E Jourdan
Since the 1970s, the Metromedia decision has caused great confusion in the land use planning area about the appropriate parameters for the regulation of on premise signs. Local governments have taken great liberties in regulating on-premise signs, justifying such approaches on grounds of aesthetics and traffic safety. These approaches often harm the ability of local businesses to direct passersbys to their businesses. Further, overly restrictive regulations may not improve the visual landscape or enhance traffic safety because they interfer with legibility. This paper proposes a performance based zoning framework for the regulation of on premise signs in an effort to …