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Quote of the Day - Many a small thing has been made large by the right kind of advertising. - Mark Twain
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Missouri's Attempt To Regulate Sex Billboards Fails Constitutional Muster

Billboards tend to make news.  Not everyone is happy about them, and people in Missouri were so upset with some sexually suggestive billboards that they passed a law prohibiting them within a half-mile of a highway:  [n]o billboard or other exterior advertising sign for an adult cabaret or sexually oriented business shall be located within one mile of any state highway. . . ..  Citing free speech, Passions Video brought a constitutional challenge to the law. 

The Eighth Circuit Court of Appeals struck down the law, which made it a crime to advertise sexually-oriented businesses.  The court's main problem with the statute was its content restriction, typically a red flag for a constitutional violation.  Courts will uphold time, place and manner restrictions, but where all content is banned, those laws are usually struck down.

The Missouri legislature will have to try again if they want to prevent sex advertising. 

That's like trying to avoid death and taxes

Printer friendly page Permalink Email to a friend Posted by J. Craig Williams on Tuesday, August 22, 2006 at 11:21 Comments Closed (0) |
 
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