Legal Opinion

Thomas v. Schroer

District Court, W.D. Tennessee

Decided March 31, 2017No. 13-cv-02987-JPM-cgcPublishedCited by 14 opinions

1Opinion of the Court

ORDER & MEMORANDUM FINDING BILLBOARD ACT AN UNCONSTITUTIONAL, CONTENT-BASED REGULATION OF SPEECH

JON P. McCALLA, UNITED STATES DISTRICT COURT JUDGE

This action concerns alleged First Amendment violations that occurred when agents of the State of Tennessee (“the State”) sought to remove Plaintiff William H. Thomas’s noncommercial billboard pursuant to the Billboard Regulation and Control Act of 1972 (“Billboard Act”), Tennessee Code Annotated §§ 54-21-101, et seq. For the reasons stated below, the Court finds the Billboard Act is an unconstitutional, content-based regulation of speech. United…

2Cases cited56 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  3. Members of the City Council of Los Angeles v. Taxpayers for VincentSupreme Court of the United States · 1984
  4. City of Renton v. Playtime Theatres, Inc.Supreme Court of the United States · 1986
  5. Police Dept. of Chicago v. MosleySupreme Court of the United States · 1972

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3Cited by14 opinions

  1. William Thomas v. Clay BrightCourt of Appeals for the Sixth Circuit · 2019
  2. Tennison Brothers, Inc. v. William H. Thomas, Jr.Court of Appeals of Tennessee · 2017
  3. Reagan Nat'l Adver. of Austin, Inc. v. City of AustinDistrict Court, W.D. Texas · 2019
  4. In re ThomasUnited States Bankruptcy Court, W.D. Tennessee · 2019
  5. IN THE MATTER OF THE DENIAL OF THE OUTDOOR ADVERTISING APPLICATION NUMBER 75708, ETC. (NEW JERSEY DEPARTMENT OF TRANSPORTATION)New Jersey Superior Court Appellate Division · 2019

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