Legal Opinion
National Advertising Company v. Town of Niagara
Court of Appeals for the Second Circuit
Decided August 15, 1991No. 1479, Docket 91-7117PublishedCited by 40 opinions
1Opinion of the Court
SNEED, Circuit Judge:
This is a First Amendment case in which a billboard company challenges a town’s sign ordinance. The district court held that the ordinance violated the First Amendment by elevating commercial speech over noncommercial speech and by impermissi-bly favoring certain types of noncommercial speech over others based on content. The court then attempted to save the statute by excising the unconstitutional elements. We agree that the ordinance violates the First. Amendment but find that the unconstitutional portions cannot properly be severed or limited. We therefore invalidate…
2Cases cited11 opinions
- Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
- United States v. JacksonSupreme Court of the United States · 1968
- Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981
- Brockett v. Spokane Arcades, Inc.Supreme Court of the United States · 1985
- Alaska Airlines, Inc. v. BrockSupreme Court of the United States · 1987
6 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —Court of Appeals for the Second Circuit · 2004
- Solantic, LLC v. City of Neptune BeachCourt of Appeals for the Eleventh Circuit · 2005
- Clear Channel Outdoor, Inc. v. City of New YorkCourt of Appeals for the Second Circuit · 2010
- Gary D. Peake Excavating Inc. v. Town Board of HancockCourt of Appeals for the Second Circuit · 1996
- Vermont Right to Life Committee, Inc. v. SorrellCourt of Appeals for the Second Circuit · 2000
35 more not listed; retrieve them via the Exa API.