The City of San Diego enacted Ordinance No. 10795 on March 14, 1972, limited the location and types of billboard allowed in certain areas of the City. The ordinance sought to eliminate “hazards to pedestrians and motorists brought about by distracting sign displays” and preserving the City of San Diego’s appearance, the City instituted an ordinance that prohibited “outdoor advertising display signs.” The hope was that the action would support public safety and general welfare. Moreover, the City Council argued these goals are “proper objectives” that qualified for police power and intervention to further their objectives. There are two categories for exception to the rule: signs placed on the site of the commercial establishment, and if a sign falls under one or more of 12 categories (temporary political sign is an example of an accepted sign). The restriction was focuses in particular on ‘off-site’ signs defined as “those which do not identify a use, facility, or service located on the premises or a product which is produced, sold or manufactured on the premise.“ For all the existing signs that violate this distinction, the owners were afforded 90 days to 4 years to remove the sign depending on location and declining value.
The plaintiffs Metromedia, Inc., a...
... middle of paper ...
...San Diego 453 U.S. 490 (1981)).
The inconsistency of implementation across on and off site signage along with the difference between commercial and non-commercial signage defeats the ordinance. To avoid violating the first amendment, the City of San Diego could include a substitution clause that permitted the display of noncommercial billboards as outlined in Outdoor Sys., Inc. v. City of Mesa, 997 F.2d 604 (9th Cir. 1993). Furthermore, the Ordinance would be legitimate if it was “justified without reference to content of the regulation speech… and left ample alternative channels for communication of the information”(856) as cited in Virginia Pharmacy Board v. Virginia Citizen Consumer Council, 425 U.S. , at 771 . The Ordinance produced was simply too narrow and illustrated how police powers need to be equally enforced across jurisdictions and parties.
Need Writing Help?
Get feedback on grammar, clarity, concision and logic instantly.Check your paper »
- ... Morse confiscated his banner and punished Frederick with 10 days of suspension (later reduced to 8) for violating the school policy against illegal drug advocacy. After the school administration turned down his appeal, Frederick took the case to the District Court of Alaska and sued the school for damages and an injunction. Again, the ruling was against Frederick, which was decided in a summary judgment (a judgment without trial). Frederick remained determined to win this civil suit and made an appeal to the 9th Circuit District of Appeals, which ended up overturning the original rulings and ruled in favor of Frederick.... [tags: high school, principal, supreme court]
929 words (2.7 pages)
- In 1992, Stella Liebeck a woman of 79 years resident of Santa Fe in the state of New Mexico had bought coffee at a McDonald Mc Drive. Wanting to add milk and sugar to her coffee, she tried to remove the coffee cup lid, without success since it got stuck. She then began to make handling with both hands and then tucked the cup between her knees. So she pulled the cover that was cut brutally and threw hot coffee on her lap, seat, thighs and crotch. Burned to the second and third degrees, she was hospitalized and underwent multiple skin grafts.... [tags: Jury, Supreme Court of the United States, Court]
1026 words (2.9 pages)
- In Houston, TX back in 2002, the police responded to a reported weapons disturbance situation at the home of John Lawrence. Upon entering Lawrence’s home, police found him and a man named Tyron Garner engaging in sexual acts. Lawrence and Garner were arrested and convicted of deviate sexual intercourse in violation of a Texas statute. This statute forbids two persons of the same sex to engage in intimate sexual conduct (Lawrence and Garner v. Texas). Due Process and Liberty Clauses of the Fourteenth Amendment protected the men’s privacy.... [tags: supreme court, amercans right, sex]
594 words (1.7 pages)
- The June 2008 Supreme Court ruling in the case of Boumediene v. Bush gave prisoners detained at Guantanamo the constitutional rights to habeas corpus, which prohibits the withholding of a prisoner’s rights to challenge the basis of their detention except in “cases of rebellion or invasion” (Worthington). The decision ruled 5 to 4 that the prisoners have a constitutional right to go to federal court to challenge their continued detention (Greenhouse). Previous court proceedings set up Combatant Status Review Tribunals (CRST) as alternative standards to Habeas Corpus.... [tags: Supreme Court, Guantanamo]
780 words (2.2 pages)
- Nature’s Judicial Process in the Supreme Court consists of decision-making; based on the jurisdiction of the Supreme Court. Although the Supreme Court has the capability to decide all extended cases; it also has the power to ascend under the Constitution, which allows the Supreme Court its jurisdiction in the Judicial Branch of government. The Judicial Process interpret the laws that are established in the Supreme Court; thus, allowing the Court to exercise its power by shifting its system under the Constitutional laws of the United States.... [tags: American Government, Supreme Court]
1160 words (3.3 pages)
- ... As stated in Romans 8:1 “no condemnation for those who are in Christ Jesus”. The main focus of judgement is whether or not one believed in Christ and whether they followed him. To support this Jesus says in John 5:24, “Anyone who hears my word and believes him who sent me has eternal life, and does not come under judgment, but has passed from death to life.” Jesus also seems to indicate that the more knowledge of God’s truth attained, the greater responsibility there is to be faithful. He says in Luke 12:47-48, “That slave who knew what his master wanted, but did not prepare himself or do what was wanted, will receive a severe beating.... [tags: Jesus, New Testament, Last Judgment, Heaven]
729 words (2.1 pages)
- ... Back then, the US Supreme Court had nine justices and they delivered the opinion of the court, while Justice Blackmun filed a dissecting opinion and Brennan and Marshall supported him. On the other hand the majority of justices including Justices Scalia, Rehnquist, White, Stevens and Kennedy eventually delivered the majority opinion of the US Supreme Court. It stated that based on the First Amendment, the government was forbidden to prohibit the free exercise of religion meaning that government may not regulate religious beliefs, hence rather than interpreting the First Amendment, the Court encouraged Smith and Black to follow remedy from the legislature.... [tags: United States, Supreme Court of the United States]
860 words (2.5 pages)
- R. v. Williams,  1 S.C.R. 1128 Criminal Law and Supreme Court; McLachlin J. Facts An aboriginal by the name of Victor Daniel Williams, was charged in the year 1993 with the robbery of a pizza parlour. He was elected a trial by judge and jury where he pleaded not guilty to the crime. His defence was one of mistaken identity. Nevertheless the jury convicted him of robbery . At his first trial, Williams applied to question potential jurors for racial bias under s.... [tags: Jury, Court, Supreme Court of the United States]
751 words (2.1 pages)
- The Origin of Judgment Introduction The guiding thesis of Experience and Judgment is that logic demands a foundational theory of experience, which at the lowest level is described as prepredicative or prelinguistic.1 Edmund Husserl pursues within that text a phenomenological elucidation of the origin of judgment in order that he might clarify the essence of the predicative judgment. He does so in the belief that an investigation into the form of prepredicative experience will show it to be the ground of the structure of predicative thought, and thus the origin of general, conceptual thought.... [tags: Judgment Edmund Husserl Essays]
3502 words (10 pages)
- I. Introduction and Standard for Opposition to Summary Judgment Crowell Academy, Inc. and Arturo Gomez, (hereinafter, collectively “Crowell”) were grossly negligent and used willful misconduct in their responsibilities involving the fencing club. The bargaining power of Crowell was so grossly unequal so as to put Lajuana Barnett at the mercy of Crowell’s negligence. Lastly, the exculpatory clause contained in the release form (see release form) is void as against public policy. Consequently, under Maryland law, it is up to the trier of fact to determine if the exculpatory clause is unenforceable.... [tags: essays research papers]
1945 words (5.6 pages)