Reagan National Advertising of Austin, Inc. v. City of Austin, No. 19-50354 (5th Cir. 2020)Annotate this Case
After the City of Austin denied applications to digitize existing billboards, Reagan and Lamar filed suit alleging that the distinction in the City's Sign Code between on-premises and off-premises signs violates the First Amendment.
The Fifth Circuit held that the City's Sign Code's on-premises/off-premises distinction is content based and the commercial speech exception does not apply. The court held that the Sign Code runs afoul of the First Amendment because the relevant provisions of the Sign Code are not narrowly tailored to serve the compelling government interest of protecting the aesthetic value of the City and public safety. In this case, the ordinance is underinclusive. Accordingly, the court reversed the district court's decision to the contrary and remanded.