Full question:
'Vehicle sign when mounted or placed on any trailer, boat, or motor vehicle that is parked, stored or displayed in a manner to attract the attention of the public for advertising purposes;' How can city enforce this legislation as I thought commercial free speech is protected? It would seem that every commercial vehicle with a business name on it would violate this code and the ambiguousness of this code is affecting my retail business as the city has chosen to enforce this law against my furniture store. We asked head of enforcement and he said that we were being given a violation because our truck was not professionally done.
- Category: Civil Rights
- Subcategory: Free Speech
- Date:
- State: Arizona
Answer:
If a law is overly broad or vague, it can violate due process rights by failing to inform individuals about prohibited actions. Selective enforcement based on characteristics like race, gender, or religion may lead to unconstitutional discrimination, as these groups receive special legal protections. However, businesses do not have the same protections under equal protection laws.
The First Amendment allows the government to regulate commercial speech if there is a substantial interest, such as preventing false or misleading advertisements. The regulations must directly support this interest and be no more extensive than necessary. Ultimately, whether the ordinance is constitutional will depend on the specific facts and language involved, as determined by the court.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.