20-1029 AUSTIN V. REAGAN NATIONAL ADVERTISING

DECISION BELOW: 972 F.3d 696

CERT. GRANTED 6/28/2021

Austin sign code provisions distinguish between on-premise and off-premise signs based solely on location. From this distinctionand unrelated to what message is conveyedthe sign code establishes a technology-based rule about how a sign's message may be conveyed. On-premise signs may be digitized, and off-premise signs may not. Billboard companies sought permits to digitize 84 billboardsoff-premise signsand sued the city when the permits were denied. The Fifth Circuit ruled that the First Amendment invalidated the challenged provisions, holding that the on-premise/off premise distinction is content-based under Reed v. Town of Gilbert and fails the strict scrutiny test

Is the city code's distinction between on- and off-premise signs a facially unconstitutional content- based regulation under Reed? How should the Court should decide this case and why (should be based upon case precedent)

https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-1029.html