Outdoor Media Dimensions, Inc. v. Driver & Motor Vehicle Services Branch

I agree with the result in this case. It is dictated by controlling precedent that I feel bound to follow. I write separately because, in my view, that controlling precedent is mistaken, and it is my hope that a brief explanation of why that is so will spark some interest on the part of the parties and, perhaps, the Supreme Court in addressing the error.

The issue about which I am concerned is whether the Oregon Motorist Information Act (Act) violates the free expression guarantee of Article I, section 8, of the Oregon Constitution. In particular, I am concerned with the portion of the Act…