Planning Commisioners Journal
content-neutral regulation, commercial speech, noncommercial speech, vagueness and overbreath, signs, licensing
Over the past two decades there has been a marked expansion in legal challenges to local land use regulations claiming violations of the free speech clause of the First Amendment to the United States Constitution. First Amendment claims can arise whenever government enacts or enforces zoning or other regulations that deal with uses such as billboards or adult entertainment businesses. This article discusses why this litigation is taking place, provides an overview of First Amendment law, and offers local officials some guidelines to help avoid potential legal challenges.
Alan C. Weinstein, Zoning Ordinances and "Free Speech," Planning Commissioners Journal No. 37 (2000)