Legal Opinion

National Advertising Co. v. Town of Babylon

Court of Appeals for the Second Circuit

Decided April 3, 1990No. Nos. 432, 433 and 246-248, Dockets 89-7144, 89-7192, 89-7248, 89-7480 and 89-7506PublishedCited by 31 opinions

1Opinion of the Court

OAKES, Chief Judge:

These appeals and cross-appeal, involving five municipal billboard ordinances, are from a judgment of the United States District Court for the Eastern District of New York, Leonard D. Wexler, Judge, reported at 703 F.Supp. 228 (E.D.N.Y.1989). The Towns of Babylon, Hempstead and Oyster Bay appeal from Judge Wexler’s decision insofar as it struck down their ordinances in their entirety as unconstitutional restrictions on commercial speech. The Town of Islip appeals from the decision insofar as it struck down part of its ordinance as an unconstitutional restriction on…

2Cases cited18 opinions

  1. Central Hudson Gas & Electric Corp. v. Public Service CommissionSupreme Court of the United States · 1980
  2. United States v. JacksonSupreme Court of the United States · 1968
  3. Shuttlesworth v. City of BirminghamSupreme Court of the United States · 1969
  4. Board of Trustees of State Univ. of NY v. FoxSupreme Court of the United States · 1989
  5. Metromedia, Inc. v. City of San DiegoSupreme Court of the United States · 1981

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3Cited by31 opinions

  1. Kopp v. Fair Political Practices CommissionCalifornia Supreme Court · 1995
  2. LAMAR ADVERTISING OF PENN, LLC, — CROSS-APPELLEE v. TOWN OF ORCHARD PARK, NEW YORK, —Court of Appeals for the Second Circuit · 2004
  3. Larry Whitton, Appellee/cross-Appellant v. City of Gladstone, Missouri, Appellant/cross-AppelleeCourt of Appeals for the Eighth Circuit · 1995
  4. Desert Outdoor Advertising, Inc. v. City of Moreno ValleyCourt of Appeals for the Ninth Circuit · 1996
  5. Service Employees International Union, Afl-Cio, Clc California State Council of Service Employees/cope California Teachers Association California Teachers Association for Better Citizenship Political Action Committee Committee to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Committee Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby v. Fair Political Practices Commission, and Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants. Service Employees International Union, Afl-Cio, Clc California State Council of Service Employees/cope California Teachers Association California Teachers Association for Better Citizenship Political Action Committee Committee to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Committee Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Incorporated Association, in Intervention-Appellee v. Quentin L. Kopp Ross Johnson, Defendants-Intervenors-Appellants, and Fair Political Practices Commission, Defendant-Intervenor. Service Employees International Union, Afl-Cio, Clc California State Council of Service Employees/cope California Teachers Association California Teachers Association for Better Citizenship Political Action Committee Committee to Protect the Political Rights of Minorities Willie L. Brown Willie L. Brown Campaign Committee Friends of David Roberti Friends of John Burton John Burton Alice Huffman Michael Ross Allen Ruby, California Democratic Party, an Incorporated Association, Plaintiff-Intervenor-Appellee v. Fair Political Practices Commission, and Quentin L. Kopp Ross Johnson, Defendants-IntervenorsCourt of Appeals for the Ninth Circuit · 1992

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