City of Eugene v. Powlowski

WARREN, P. J.,

specially concurring.

In Moser v. Frohnmayer, 112 Or App 226, 230, 829 P2d 84, rev allowed 314 Or 391 (1992), we reaffirmed that, “unless the subject matter of a law falls within an historical exception, a content based restriction on speech is impermissible in Oregon.” The Oregon Supreme Court recently confirmed that rule in State v. Plowman, 314 Or 157, 838 P2d 558 (1992), where it held that the first step in evaluating whether a law violates Article I, section 8, is to determine if the law is directed at the content of speech. If it is, the law is invalid, unless its subject…