Zoning Ordinances and "Free Speech"

Alan C. Weinstein

Zoning Ordinances and "Free Speech"

Alan C. Weinstein

Research output: Contribution to journal › Article › peer-review

Abstract

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.

Original language	American English
Journal	Planning Commisioners Journal
State	Published - Jan 1 2000

Keywords

content-neutral regulation
commercial speech
noncommercial speech
vagueness and overbreath
signs
licensing

Disciplines

First Amendment
Land Use Law
Urban Studies

Access to Document

Zoning Ordinances and Free SpeechFinal published version, 515 KBLicense: CC BY

Cite this

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abstract = " 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.",

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Y1 - 2000/1/1

N2 - 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.

AB - 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.

KW - content-neutral regulation

KW - commercial speech

KW - noncommercial speech

KW - vagueness and overbreath

KW - signs

KW - licensing

UR - https://engagedscholarship.csuohio.edu/fac_articles/552

M3 - Article

JO - Planning Commisioners Journal

JF - Planning Commisioners Journal

ER -

Zoning Ordinances and "Free Speech"

Abstract

Keywords

Disciplines

Access to Document

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