• Commercial Speech
• The First Amendment states that "Congress shall make no law ... abridging the freedom of speech ...." In general, we expect our government to let people speak and hear whatever they choose. The Founding Fathers believed democracy would work only if the members of the electorate were free to talk, argue, listen, and exchange viewpoints in any way they wanted. The First Amendment, as applied to the States through the Fourteenth Amendment, protectscommercial speechfrom unwarranted governmental regulation.
• BigBiz'sshaving products division has developed a complete men's shaving system that offers razors, blades, creams and lotions in a single package, trademarked "All the Way!" Research has shown that strategically located billboards (either on or off the premises where the products would be sold) would be an effective means of advertising the product. Digital signs are more desirable than flat print boards. In addition, the company's marketing director wants to illustrate the billboards with a "ripped" man in "tightywhitey" undershorts shaving in the presence of an attractive woman wearing a sheer nightgown who fawns over the man. The suggested copy is "I'm going All the Way!" Would that content be legal in those three cities? If not illegal, what ethical issues might it raise? To prod your thinking on those content issues, view this 2009 video about "Calvin Klein's Racy New Ad" in New York City.
• Youarecharged with identifying opportunities to locate billboards in three key cities:

1. San Francisco, California (Ninth Circuit Allows San Francisco's Billboard Ban to Stand)
3. Memphis, Tennessee (Thomas v. Schroer et al, No. 2:2013cv02987 - Document 163 (W.D. Tenn. 2015))
5. Austin, Texas, (Texas cities should upgrade billboard laws for digital age)

Location and content of billboards is regulated in each of these cities. Those regulations have been challenged in court with varying results. You are tasked with determining which regulations you are subject to (refer to the linked cases) and, within legal requirements, to recommend the type and placement of the billboards. For example, what may the billboards say, where may they be located, are digital signs permitted?

First, establish that your billboard advertising concerns a lawful activity and is not misleading. Next, ask if the government has a substantial interest in regulating billboard advertising. Third, does the restriction directly advance this interest? And fourth, is the restriction narrowly tailored to meet its goal? The referenced articles and court decisions give you the answers to these legal questions. You then make recommendations based on your conclusions in each city.