Reed v. Town of Gilbert
Issues
Does a town’s sign ordinance that assigns different size and posting requirements based on the type of noncommercial speech displayed violate the First Amendment?
The Supreme Court granted certiorari to address a circuit split regarding the constitutionality of sign ordinances that treat signs differently depending on the type of noncommercial speech displayed. The Town of Gilbert’s Sign Code stipulated size requirements and posting times that differed depending on if the signs were classified as political, ideological, or “temporary directional signs” for religious or non-profit events. The latter category’s size and timing requirements were more restrictive than those for political or ideological signs. Good News Community Church and its pastor, Clyde Reed, argue that Gilbert’s sign code violates the First Amendment. Conversely, Gilbert contends that the Sign Code does not violate the Constitution since it does not favor certain viewpoints or ideas over others and serves an important government interest in regulating safety and aesthetics. The Court’s ruling could have important consequences for free speech as well as for local governments’ ability to manage community safety and aesthetics.
Questions as Framed for the Court by the Parties
Does Gilbert’s mere assertion of a lack of discriminatory motive render its facially content-based sign code content-neutral and justify the code’s differential treatment of Petitioners’ religious signs?
Respondent Town of Gilbert’s (“Gilbert”) sign ordinance (“Sign Code”) requires that individuals obtain a permit to post signs within the city limits. See Reed v. Town of Gilbert, 707 F.3d 1057, 1061 (9th Cir.
Edited by
Additional Resources
- Kelsey Harkness: How a Silly Dispute Over Signs Made It All the Way to the Supreme Court, The Daily Signal (Dec. 24, 2014).
- Parker Leavitt: U.S. Supreme Court Will Hear Arizona Church-Sign Case, USA Today (July 4, 2014).
- Eric Mungenast: U.S. Supreme Court to Hear Case About Gilbert Sign Ordinance, East Valley Tribune (July 4, 2014).
- Jonathan Reid: U.S. Supreme Court to Hear Gilbert Church Sign Case in Jan., AZCentral (Dec. 19, 2014).