Texas Department of Transportation v. Barber

in which Chief Justice PHILLIPS, Justice O’NEILL, Justice JEFFERSON, Justice SCHNEIDER, and Justice WAINWRIGHT joined.

This case involves the constitutionality of the Texas Highway Beautification Act.1 We must decide whether the Act, which precludes Pat Barber from displaying a particular billboard on his nonresidential property, violates Barber’s free speech rights under the United States Constitution or the Texas Constitution. The court of appeals held that the Act violated Barber’s rights under the United States Constitution as applied to his expression of noncommercial, ideological…