Appellate Law

CA1: flashing signs really can?t get no respect

By S. COTUS

Naser Jewelers, Inc. v. City of Concord, No. 07-2098.  Do you know what an Electronic Messaging Center ("EMC") is?  Well, it is an electric sign whose content changes.  The city thinks it is distracting to drivers. So, they ban it.  The plaintiffs think that such a ban interferes with their freedom of speech.  The First says it is content neutral and ?narrowly tailored to serve a significant governmental interest and leaves open alternative channels of communication.?

Sure, this is a neat issue of constitutional law, but I seriously doubt that anyone really thinks that a jeweler has a right to use one of those annoying signs.  My only fear is that the First might have written some bad language about deferring on some issues to legislators. 

Full post as published by Appellate Law and Practice on January 18, 2008 (boomark / email).