Don Ater v. David Armstrong and Leon E. Jones, Sr.

The single justification for endorsing the constitutional validity of subsection (21) of Kentucky Revised Statute (KRS) section 189.570 and its regulation of first amendment rights of free expression in a public forum hangs on the fragile thread of its articulated purpose of promoting a significant public interest, in this case, the protection of motorists and pedestrians from the hazards’ inherent to their interacting activities while jointly using the roadways of Kentucky. Absent that justification, the constitutional challenge to section (21) as an infringement of first amendment rights to…