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 so overbroad or vague that it prevents persons from knowing what actions are prohibited, it may violate due process rights. If a law is selectively enforced against a class of people based on race, sex, gender, religion, nationality, handicap, or age, it may be unconstitutional discrimination, because these types of classifications are afforded special protection under the law. However, classes of people defined by business type, retailer status, revenues, etc., don't have the same equal protection of the law.
The First Amendment permits governmental regulation of commercial speech so long as the government's interest in doing so is substantial (e.g., the prohibition of false, deceptive, and misleading advertisements), the regulations directly advance the government's asserted interest, and the regulations are no more extensive than necessary to serve that interest. It will be a matter of subjective determination for the court to decide if the ordinance is constitutional, based on all the facts and language of the ordinance involved.
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.
