This post was authored by Otten Johnson summer law clerk Matt Bender.  Matt is a rising third-year law student at the University of Denver Sturm College of Law.

A Tennessee case is inquiring into the “similarly situated” requirement for Equal Protection claims and will likely decide the constitutionality of the Tennessee Billboard Act (TBA).  While the outcome of the case is far from finalized, Thomas v. Schroer, which stems from the denial of the plaintiff’s sign application, has already raised some interesting questions about the reach of the First Amendment under Reed v. Town of Gilbert.
Continue Reading

Following cross-motions for summary judgment, last week, a federal court determined that a Michigan township’s billboard restrictions were constitutional, but found that the variance provisions contained in the township’s zoning ordinance were an unconstitutional prior restraint on speech.  In the same order, the court rejected a billboard owner’s regulatory taking, equal protection and unconstitutional tax claims.
Continue Reading