city council taxpayers vincent argued october decided may section los angeles municipal code prohibits posting signs public property appellee taxpayers vincent group supporters candidate election los angeles city council entered contract appellee candidates outdoor graphics service cogs fabricate post signs candidate name cogs produced cardboard signs attached utility pole crosswires various locations acting city employees routinely removed posters including cogs signs attached utility poles similar objects covered ordinance appellees filed suit federal district appellants city various city officials hereafter city alleging abridged appellees freedom speech within meaning first amendment seeking damages injunctive relief district entered findings fact concluded constitutional granted city motion summary judgment appeals reversed reasoning ordinance presumptively unconstitutional significant first amendment interests involved city justified total ban signs basis asserted interests preventing visual clutter minimizing traffic hazards preventing interference intended use public property held overbreadth doctrine applicable nothing record indicate different impact third parties interests free speech appellees interests appellees failed identify significant difference claim invalid overbreadth grounds claim unconstitutional applied signs political campaign thus inappropriate entertain overbreadth challenge pp section unconstitutional applied appellees expressive activity pp general principle first amendment forbids government regulate speech ways favor viewpoints ideas expense others applicable section text neutral indeed silent concerning speaker point view district findings indicate applied appellees others evenhanded manner within city constitutional power attempt improve appearance interest basically unrelated suppression ideas cf pp municipalities weighty essentially esthetic interest proscribing intrusive unpleasant formats expression problem addressed visual assault citizens los angeles presented accumulation signs posted public property constitutes significant substantive evil within city power prohibit metromedia san diego pp section curtails speech necessary accomplish purpose eliminating visual clutter banning posted signs city eliminate exact source evil sought remedy rationale schneider state held ordinances absolutely prohibited handbilling public streets sidewalks invalid inapposite context instant case pp validity city esthetic interest elimination signs public property compromised failing extend ban private property private citizen interest controlling use property justifies disparate treatment predicate district findings conclusion prohibition posting appellees signs fails advance city esthetic interest pp restriction expressive activity may invalid remaining modes communication inadequate affect individual freedom exercise right speak distribute literature place posting signs public property prohibited district findings indicate ample alternative modes communication los angeles merit appellees suggestion property covered either public forum subject special first amendment protection least treated respect public forum property located mere fact government property used vehicle communication use lampposts signposts mean constitution requires use permitted public property tradition designation forum public communication may reserved government intended purposes communicative otherwise regulation speech reasonable effort suppress expression merely public officials oppose speaker view pp although plausible policy arguments might well made support appellees suggestion city written ordinance less severe effect expressive activity like providing exception political campaign signs follow exception constitutionally mandated clear suggested exceptions even constitutionally permissible create exception appellees political speech types protected speech might create risk engaging constitutionally forbidden content discrimination city may properly decide esthetic interest avoiding visual clutter justifies removal signs creating increasing clutter pp stevens delivered opinion burger white powell rehnquist joined brennan filed dissenting opinion marshall blackmun joined post anthony saul alperin argued cause appellants briefs ira reiner gary netzer wayne canterbury argued cause filed brief appellees briefs amici curiae urging reversal filed city antioch william galstan national institute municipal law officers lamar shelley john witt henry underhill benjamin brown roy bates james brennan roger cutler clifford pierce walter powell frederick schwarz william taube william thornton max zall charles rhyne brief amici curiae urging affirmance filed alan schlosser amitai schwartz fred okrand neil american civil liberties union et al justice stevens delivered opinion section los angeles municipal code prohibits posting signs public property question presented whether prohibition abridges appellees freedom speech within meaning first amendment march roland vincent candidate election los angeles city council group supporters known taxpayers vincent taxpayers entered contract political sign service company known candidates outdoor graphics service cogs fabricate post signs vincent name cogs produced cardboard signs attached utility poles various locations draping crosswires support poles stapling cardboard together bottom signs message roland vincent city council acting authority municipal code employees city bureau street maintenance routinely removed posters attached utility poles similar objects covered ordinance including cogs signs weekly sign removal report covering period march indicated among signs removed public property week identified roland vincent signs signs identified report apparently commercial character march taxpayers cogs filed action district central district california naming city director bureau street maintenance members city council defendants sought injunction enforcement ordinance well compensatory punitive damages engaging discovery parties filed summary judgment issue liability district entered findings fact concluded ordinance constitutional granted city motion district findings purport resolve disputed issue fact instead summarize material record appears uncontroverted findings recite principal responsibility locating removing signs handbills posted violation assigned street use inspection division city bureau street maintenance found political nonpolitical signs illegally posted removed without regard content explaining purposes city zoning code enacted noting prohibition furthered purposes district found large number illegally posted signs constitute clutter visual blight specific reference posting cogs signs utility pole crosswires district found posting add somewhat blight inevitably encourage greatly increased posting unauthorized unsightly places addition district found placing signs utility poles creates potential safety hazard violations block views otherwise cause traffic hazards finally district concluded sign prohibition prevent taxpayers cogs exercising free speech rights public streets public places remain free picket parade distribute handbills carry signs post signs handbills automobiles private property permission owners thereof conclusions law district characterized esthetic economic interests improving beauty city eliminating clutter visual blight legitimate compelling interests together interest protecting safety workmen must scale utility poles interest eliminating traffic hazards adequately supported sign prohibition reasonable regulation affecting time place manner expression appeals question district findings fact rejected conclusions law appeals reasoned ordinance presumptively unconstitutional significant first amendment interests involved noted city advanced three separate justifications ordinance concluded none sufficient appeals held city failed make sufficient showing asserted interests esthetics preventing visual clutter substantial offered demonstrate city engaged comprehensive effort remove contributions unattractive environment commercial industrial areas city interest minimizing traffic hazards rejected readily apparent substantial traffic problems result permitting posting certain kinds signs many publicly owned objects covered ordinance finally acknowledging flat prohibition signs certain objects fire hydrants traffic signals permissible method preventing interference intended use public property regulation size design construction posters method removing might reasonable appeals concluded city justified total ban appeal city challenges appeals holding unconstitutional face taxpayers cogs defend holding also contend ordinance unconstitutional applied posting political campaign signs crosswires utility poles two quite different ways statute ordinance may considered invalid face either unconstitutional every conceivable application seeks prohibit broad range protected conduct unconstitutionally overbroad shall analyze facial challenges ordinance address specific application appellees seminal cases held state legislation unconstitutional face involve departure general rule litigant standing vindicate constitutional rights stromberg california lovell griffin statutes unconstitutional applied defendants conduct also unconstitutional face apparent attempt enforce legislation create unacceptable risk suppression ideas cases character holding facial invalidity expresses conclusion statute never applied valid manner holdings invalidated entire statutes create exception general rule constitutional adjudication requires review application statute conduct party subsequently however recognize exception general rule laws written broadly may inhibit constitutionally protected speech third parties overbreadth doctrine source thornhill alabama case concluded existence broadly written statutes may deterrent effect free expression subject challenge even party whose conduct may unprotected repeatedly held statute may challenged face even though narrowly drawn statute valid applied party case exception general rule predicated judicial prediction assumption statute existence may cause others refrain constitutionally protected speech expression broadrick oklahoma development overbreadth doctrine sensitive risk doctrine might sweep broadly exception ordinary standing requirements swallow general rule order decide whether overbreadth exception applicable particular case weighed likelihood statute existence inhibit free expression comes point effect best prediction confidence justify invalidating statute face prohibiting state enforcing statute conduct admittedly within power proscribe put matter another way particularly conduct merely speech involved believe overbreadth statute must real substantial well judged relation statute plainly legitimate sweep broadrick oklahoma citation omitted requirement substantial overbreadth directly derived purpose nature doctrine sweeping statute one incapable limitation potential repeatedly chill exercise expressive activity many individuals extent deterrence protected speech expected decrease declining reach regulation new york ferber omitted appeals concluded ordinance vulnerable overbreadth challenge overinclusive response traffic concerns least drastic means preventing interference normal use public property conclusion rested evaluation assumed effect ordinance third parties rather specific consideration impact ordinance parties however appropriate case entertain facial challenge based overbreadth found nothing record indicate ordinance different impact third parties interests free speech taxpayers cogs taxpayers cogs apparently agree prohibition posting signs publicly owned objects mentioned ordinance perfectly reasonable thus dispute city power proscribe attachment handbill sign sidewalk crosswalk curb lamppost hydrant lifesaving equipment position respect utility poles entirely clear contend unconstitutional prohibit attachment cardboard signs horizontal crosswires supporting utility poles political campaign short failed identify significant difference claim ordinance invalid overbreadth grounds claim unconstitutional applied political signs specifically taxpayers cogs attempted demonstrate ordinance applies conduct likely protected first amendment crosswire signs indeed record suggests many signs posted violation ordinance posted way may create safety traffic problems cogs tried avoid accordingly record appears ordinance may validly applied cogs validly applied signs parties appellees simply failed demonstrate realistic danger ordinance significantly compromise recognized first amendment protections individuals therefore inappropriate case entertain overbreadth challenge ordinance taxpayers cogs argue generally city interest eliminating visual blight sufficiently weighty justify abridgment speech interest ordinance advanced argument analogous facial challenges involved cases like stromberg lovell previously observed appellees acknowledge ordinance serves safety interests many applications hence argue ordinance never validly applied instead appellees argue placed signs locations esthetic interest implicated addition argue developed expertise placing signs offensive manners alienate clientele constituencies emphasize special value free communication political campaigns see metromedia san diego stevens dissenting part rehnquist dissenting light arguments appellees attack ordinance basically challenge ordinance applied activities therefore limit analysis constitutionality ordinance concrete case us turn arguments invalid applied expressive activity taxpayers cogs ii ordinance prohibits appellees communicating public certain manner presumably diminishes total quantity communication city application ordinance appellees expressive activities surely raises question whether ordinance abridges freedom speech within meaning first amendment appellees certainly standing challenge application ordinance expressive activities say ordinance presents first amendment issue necessarily say constitutes first amendment violation metromedia san diego burger dissenting clear since earliest decisions concerning freedom speech state may sometimes curtail speech necessary advance significant legitimate state interest schenck stromberg lovell demonstrate purported interests desire suppress support minority party unpopular cause exclude expression certain points view marketplace ideas plainly illegitimate immediately invalidate rule general principle emerged line cases first amendment forbids government regulate speech ways favor viewpoints ideas expense others see bolger youngs drug products consolidated edison public service carey brown young american mini theatres plurality opinion police department chicago mosley general rule application case even hint bias censorship city enactment enforcement ordinance claim ordinance designed suppress certain ideas city finds distasteful applied appellees views express text ordinance neutral indeed silent concerning speaker point view district findings indicate applied appellees others evenhanded manner set forth appropriate framework reviewing regulation kind government regulation sufficiently justified within constitutional power government furthers important substantial governmental interest governmental interest unrelated suppression free expression incidental restriction alleged first amendment freedoms greater essential furtherance interest case taxpayers cogs dispute within constitutional power city attempt improve appearance interest basically unrelated suppression ideas therefore critical inquiries whether interest sufficiently substantial justify effect ordinance appellees expression whether effect greater necessary accomplish city purpose iii kovacs cooper rejected notion city powerless protect citizens unwanted exposure certain methods expression may legitimately deemed public nuisance upholding ordinance prohibited loud raucous sound trucks held state substantial interest protecting citizens unwelcome noise lehman city shaker heights upheld city prohibition political advertising buses stating city entitled protect unwilling viewers intrusive advertising may interfere city goal making buses rapid convenient pleasant inexpensive plurality opinion see also douglas concurring judgment erznoznik city jacksonville cases indicate municipalities weighty essentially esthetic interest proscribing intrusive unpleasant formats expression metromedia san diego supra dealt san diego prohibition certain forms outdoor billboards considered city interest avoiding visual clutter seven justices explicitly concluded interest sufficient justify prohibition billboards see opinion white joined stewart marshall powell jj stevens dissenting part burger dissenting rehnquist dissenting justice white writing plurality expressly concluded city esthetic interests sufficiently substantial provide acceptable justification prohibition use billboards san diego interest appearance undoubtedly substantial governmental goal reaffirm conclusion majority metromedia problem addressed ordinance visual assault citizens los angeles presented accumulation signs posted public property constitutes significant substantive evil within city power prohibit city interest attempting preserve improve quality urban life one must accorded high respect young american mini theatres plurality opinion iv turn question whether scope restriction appellees expressive activity substantially broader necessary protect city interest eliminating visual clutter incidental restriction expression results city attempt accomplish purpose considered justified reasonable regulation time place manner expression narrowly tailored serve interest see heffron international society krishna consciousness schad mount ephraim carey brown grayned city rockford police department chicago mosley district found signs prohibited ordinance constitute visual clutter blight banning signs city eliminate exact source evil sought remedy plurality wrote metromedia speculative recognize nature wherever located however constructed perceived esthetic harm true posted signs true esthetic interest preventing kind litter may result distribution leaflets public streets sidewalks support prophylactic prohibition citizen exercise method expressing views schneider state held ordinances absolutely prohibited handbilling streets invalid explained cities adequately protect esthetic interest avoiding litter without abridging protected expression merely penalizing actually litter see taxpayers contend interest supporting vincent political campaign affords constitutional right distribute brochures leaflets public streets los angeles provides equal support asserted right post temporary signs objects adjacent streets sidewalks argue mere fact temporary signs add somewhat city visual clutter entitled weight temporary unsightliness discarded handbills additional burden insufficient justify ordinances reviewed schneider rationale schneider inapposite context instant case individual citizens actively exercising right communicate directly potential recipients message conduct continued speakers distributors remained scene case appellees posted dozens temporary signs throughout area remain unattended removed expressly noted schneider first amendment deprive municipality power enact regulations throwing literature broadcast streets prohibition conduct abridge constitutional liberty since activity bears necessary relationship freedom speak write print distribute information opinion short constitutional impediment punishment actually throw papers streets distributor leaflets right simply scatter pamphlets air toss large quantities paper window tall building low flying airplane characterizing activity separate means communication diminish state power condemn public nuisance right recognized schneider tender written material passerby may reject accept thereafter may keep dispose properly incur risk punishment lets fall ground one rightfully street open public carries elsewhere constitutional right express views orderly fashion right extends communication ideas handbills literature well spoken word jamison texas see also cox louisiana black dissenting part respect signs posted appellees however tangible medium expressing message adverse impact appearance landscape schneider antilittering statute addressed substantive evil without prohibiting expressive activity whereas application prophylactic rule actually employed gratuitously infringed upon right individual communicate directly willing listener substantive evil visual blight merely possible byproduct activity created medium expression contrast schneider therefore application ordinance case responds precisely substantive problem legitimately concerns city ordinance curtails speech necessary accomplish purpose appeals accepted argument prohibition use unattractive signs justified esthetic grounds fails apply equally unattractive signs wherever might located comparable argument categorically rejected metromedia case argued city simultaneously permit billboards used onsite advertising also justify prohibition offsite advertising esthetic grounds since types advertising equally unattractive held however city reasonably conclude esthetic interest outweighed countervailing interest one kind advertising even though outweighed validity esthetic interest elimination signs public property compromised failing extend ban private property private citizen interest controlling use property justifies disparate treatment moreover extending ban locations significant opportunity communicate means temporary signs preserved private property owners esthetic concerns keep posting signs property within reasonable bounds even visual blight remains partial ban may nevertheless enhance city appearance furthermore finding area appellees seek place signs already many signs posted adjacent private property elimination appellees signs inconsequential effect esthetic values city concerned simply predicate findings district conclusion prohibition posting appellees signs fails advance city esthetic interest vi first amendment guarantee right employ every conceivable method communication times places heffron international society krishna consciousness restriction expressive activity may invalid remaining modes communication inadequate see grace heffron international society krishna consciousness consolidated edison public service linmark associates willingboro los angeles ordinance affect individual freedom exercise right speak distribute literature place posting signs public property prohibited extent posting signs public property advantages forms expression see talley california reason believe advantages obtained means contrary findings district indicate ample alternative modes communication los angeles notwithstanding appellees general assertions brief concerning utility political posters nothing findings indicates posting political posters public property uniquely valuable important mode communication appellees ability communicate effectively threatened restrictions expression vii appellees suggest public property covered ordinance either public forum first amendment purposes least treated respect public forum property located traditional public forum property occupies special position terms first amendment protection grace appellees maintain activities entitled protection hague cio opinion roberts recognized wherever title streets parks may rest immemorially held trust use public time mind used purposes assembly communicating thoughts citizens discussing public questions use streets public places ancient times part privileges immunities rights liberties citizens privilege citizen use streets parks communication views national questions may regulated interest absolute relative must exercised subordination general comfort convenience consonance peace good order must guise regulation abridged denied appellees reliance public forum doctrine misplaced fail demonstrate existence traditional right access respecting items utility poles purposes communication comparable recognized public streets parks clear first amendment guarantee access government property simply owned controlled government postal service greenburgh civic rather existence right access public property standard limitations upon right must evaluated differ depending character property issue perry education assn perry local educators lampposts course used signposts mere fact government property used vehicle communication mean constitution requires uses permitted cf postal service greenburgh civic public property tradition designation forum public communication may reserved state intended purposes communicative otherwise long regulation speech reasonable effort suppress expression merely public officials oppose speaker view perry education assn perry local educators given analysis legitimate interest served ordinance viewpoint neutrality availability alternative channels communication ordinance certainly constitutional applied appellees standard viii finally taxpayers cogs argue los angeles written ordinance less severe effect expressive activity permitting posting kind sign time types public property making variety specific exceptions ordinance signs carrying certain types messages political campaign signs signs posted specific time periods perhaps political campaigns particular locations perhaps areas already cluttered excessive number signs adjacent private property signs meeting design specifications size color plausible public policy arguments might well made support exception means follows therefore constitutionally mandated cf singer clear suggested exceptions even constitutionally permissible example even though political speech entitled fullest possible measure constitutional protection host communications command respect assertion jesus saves abortion murder every woman right choose alcohol kills may claim constitutional exemption ordinance strong roland vincent city council see abood detroit board education create exception appellees political speech types speech might create risk engaging constitutionally forbidden content discrimination see carey brown police department chicago mosley moreover volume permissible postings mandated exemption might limit ordinance effect defeat aim combating visual blight constitutionally mandated exception city total prohibition temporary signs public property necessarily rest judicial determination city traffic control safety interests little applicability within excepted category city interests esthetics sufficiently important justify prohibition category findings district provide basis questioning substantiality esthetic interest stake believing uniquely important form communication abridged categories expression engaged taxpayers cogs therefore accept city position may decide esthetic interest avoiding visual clutter justifies removal signs creating increasing clutter findings district cogs signs add problems addressed ordinance permitted remain encourage others post additional signs sufficient justify application ordinance appellees recognized metromedia city sufficient basis believing billboards traffic hazards unattractive obviously direct perhaps effective approach solving problems create prohibit true billboards esthetic interests implicated temporary signs presumptively work parts city including appellees posted signs basis record case upon rebut presumption interests psychological economic character environment affects quality life value property residential commercial areas hold record interests sufficiently substantial justify impartially administered prohibition posting appellees temporary signs public property application ordinance create unacceptable threat profound national commitment principle debate public issues uninhibited robust new york times sullivan judgment appeals reversed case remanded ordered footnotes sec signs public places objects person shall paint mark write post otherwise affix sign upon sidewalk crosswalk curb curbstone street lamp post hydrant tree shrub tree stake guard railroad trestle electric light power telephone telegraph trolley wire pole wire appurtenance thereof upon fixture fire alarm police telegraph system upon lighting system public bridge drinking fountain life buoy life preserver life boat life saving equipment street sign traffic sign nothing section contained shall apply installation terrazzo sidewalks sidewalks similar construction sidewalks permanently colored admixture material constructed board public works granted written permit sign found posted otherwise affixed upon public property contrary provisions section may removed police department department public works person responsible illegal posting shall liable cost incurred removal thereof department public works authorized effect collection said cost nothing section shall apply installation metal plaque plate individual letters figures sidewalk commemorating historical cultural artistic event location personality board public works approval council granted written permit nothing section shall apply painting house numbers upon curbs done permits issued board public works accordance provisions section code first amendment provides congress shall make law abridging freedom speech press fourteenth amendment city ordinances within scope limitation governmental authority lovell griffin first signs identified march weekly report leonard nite club raul palomo alamar travel bureau roland vincent item madam wongs american club salon broadway rose royce vernon auditorium apache total experience jupiter app convenience shall refer parties simply city app juris statement los angeles planning zoning code enacted part encourage appropriate use land conserve stabilize value property provide adequate open spaces light air prevent fight fire lessen congestion streets facilitate adequate provisions community utilities facilities promote health safety general welfare accordance comprehensive plan finding app juris statement app juris statement district finding reads full follows large number signs illegally posted items public utility property enumerated section constitute clutter visual blight posting signs utility pole cross wires plaintiffs seek authorization add somewhat blight inevitably encourage greatly increased posting unauthorized unsightly places people aware distinction plaintiffs seek make finding app juris statement finding app juris statement conclusion law app juris statement nevertheless acknowledged subsequent experience less comprehensive prohibition prove ineffective achieving city goals might reenact ordinance struck authority procedure cited ratner function due process clause rev question whether stromberg constitutionally convicted displaying red flag symbol opposition organized government stromberg supervisor summer camp children camp curriculum stressed class consciousness solidarity workers morning camp red flag raised children recited pledge allegiance workers flag statute stromberg convicted prohibited peaceful display symbol opposition organized government wrote maintenance opportunity free political discussion end government may responsive people changes may obtained lawful means opportunity essential security republic fundamental principle constitutional system statute upon face authoritatively construed vague indefinite permit punishment fair use opportunity repugnant guaranty liberty contained fourteenth amendment statute invalid upon face conviction appellant must set aside lovell convicted distributing religious pamphlets without license local ordinance required license distribute literature gave chief police power deny license order abate anything considered nuisance wrote think ordinance invalid face whatever motive induced adoption character strikes foundation freedom press subjecting license censorship struggle freedom press primarily directed power licensor power john milton directed assault appeal liberty unlicensed printing liberty press became initially right publish without license formerly published one freedom previous restraint upon publication regarded exhausting guaranty liberty prevention restraint leading purpose adoption constitutional provision omitted stromberg justification statute suppression ideas lovell since attempt made tailor licensing requirement substantive evil unrelated suppression ideas statute created unacceptable risk used suppress statutes enforcement carries risk enforcement used merely suppress speech since statute aimed substantive evil within power government prohibit subsequent cases continued employ facial invalidation found every application statute created impermissible risk suppression ideas see saia new york ordinance prohibited use loudspeaker public places without permission chief police whose discretion unlimited cantwell connecticut ordinance required license distribute religious literature without standards exercising licensing discretion schneider state ordinances prohibited distributing leaflets without license provided standards issuance licenses hague cio plurality opinion statute permitted city deny permit public demonstration subject uncontrolled discretion director public safety merely sporadic abuse power censor pervasive threat inherent existence constitutes danger freedom discussion one might license asking may therefor call question whole scheme licensing prosecuted failure procure like threat inherent penal statute like question aim specifically evils within allowable area state control contrary sweeps within ambit activities ordinary circumstances constitute exercise freedom speech press existence statute readily lends harsh discriminatory enforcement local prosecuting officials particular groups deemed merit displeasure results continuous pervasive restraint freedom discussion might reasonably regarded within purview citation omitted representative statement doctrine found gooding wilson least statutes regulate proscribe speech readily apparent construction suggests vehicle rehabilitating statutes single prosecution dombrowski pfister transcendent value society constitutionally protected expression deemed justify allowing attacks overly broad statutes requirement person making attack demonstrate conduct regulated statute drawn requisite narrow specificity deemed necessary persons whose expression constitutionally protected may well refrain exercising rights fear criminal sanctions provided statute susceptible application protected expression citations omitted see also csc letter carriers never held statute held invalid face merely possible conceive single impermissible application sense requirement substantial overbreadth already implicit doctrine broadrick brennan dissenting simply put doctrine asserts overbroad regulation speech publication may subject facial review invalidation even though application instant case constitutionally unobjectionable thus person whose activity validly suppressed narrowly drawn law allowed challenge overbroad law application others bare possibility unconstitutional application enough law unconstitutionally overbroad reaches substantially beyond permissible scope legislative regulation thus issue overbreadth doctrine whether government restriction speech arguably valid applied case hand nevertheless invalidated avoid substantial prospect unconstitutional application elsewhere jeffries rethinking prior restraint yale emphasis supplied brief appellees affidavit support motion partial summary judgment president cogs stated cogs signs posted sidewalk surfaces streetlamp posts hydrants trees shrubs treestacks guards vertical utility poles fire alarm police telegraph systems drinking fountains lifebuoys life preservers lifesaving equipment street traffic signs see app fact ordinance capable valid applications necessarily mean valid applied litigants may simply assume ordinance always advance asserted state interests sufficiently justify abridgment expressive activity landmark communications virginia see also brown socialist workers campaign committee primus buckley valeo per curiam police department chicago mosley stanley georgia robel mine workers illinois bar naacp alabama ex rel patterson although taxpayers presumably devote resources expended posting political signs public property forms communication complied ordinance shall assume ordinance diminishes total quantity speech justice reed wrote unwilling listener like may offered pamphlet street made take home street practically helpless escape interference privacy loud speakers except protection municipality city streets recognized normal place exchange ideas speech paper mean freedom beyond control think permissible exercise legislative discretion bar sound trucks broadcasts public interest amplified loud raucous volume public ways municipalities business streets cities like trenton people distractions dangerous traffic hours useful dissemination information residential thoroughfares quiet tranquility desirable city dwellers likewise mercy advocates particular religious social political persuasions believe rights free speech compel municipality allow mechanical voice amplification streets plurality opinion appeals relied justice brennan opinion concurring judgment metromedia support conclusion city interest esthetics sufficiently substantial outweigh constitutional interest free expression unless city proved undertaken comprehensive coordinated effort remove elements visual clutter within san diego reliance misplaced justice brennan analysis expressly rejected majority moreover justice brennan concerned san diego ordinance might fact substantial salutary effect appearance city ameliorate types visual clutter beside billboards see thus suggesting fact applied areas advance interest esthetics sufficiently justify abridgment speech similarly chief justice wrote city power regulate visual clutter much manner regulate feature environment pollution limited air breathe water drink equally offend eye ear dissenting opinion metromedia majority concluded prohibition billboards narrowly tailored visual evil san diego sought correct see plurality opinion stevens dissenting part burger dissenting rehnquist dissenting first place whether onsite advertising permitted prohibition offsite advertising directly related stated objectives traffic safety esthetics altered fact ordinance underinclusive permits onsite advertising third san diego obviously chosen value one kind commercial speech onsite advertising another kind commercial speech offsite advertising ordinance reflects decision city former interest latter stronger city interests traffic safety esthetics city decided limited instance onsite commercial advertising interests yield reject judgment cf schneider state ne exercise liberty expression appropriate places abridged plea may exercised place although shown special solicitude forms expression much less expensive feasible alternative hence may important large segment citizenry see martin struthers door door distribution circulars essential poorly financed causes little people solicitude practical boundaries see kovacs cooper people may easily cheaply reached sound trucks enough call forth constitutional protection charged public welfare reasonably think nuisance easy means publicity open see also metromedia san diego stevens dissenting part ban graffiti constitutionally permissible even though creators graffiti may equally effective alternative means public expression tangible property owned government used communicate bumper stickers may placed official automobiles yet appellees seriously claim right attach taxpayer vincent bumper stickers automobiles point government relationship things dominion control virtually identical private owner property interest kinds things circumstances state less private owner property power preserve property control use lawfully dedicated adderley florida dispositive label posting signs public property discrete medium expression also limited utility context case focus whether tangible property deemed public forum generally analysis whether property public forum provides workable analytical tool however analytical line regulation time place manner first amendment rights may exercised traditional public forum question whether particular piece personal real property owned controlled government fact public forum may blur edges postal service greenburgh civic particularly true cases falling paradigms government property interests essentially mirroring analogous private interests clearly held trust either tradition recent convention use citizens large see generally mine workers illinois state bar taxpayers cogs also argue ordinance violates equal protection clause fourteenth amendment contains certain exceptions street banners certain permanent signs commemorative plaques gives property owners may authorize posting signs premises advantage nonproperty owners political campaigns arguments appear addressed appeals justice brennan justice marshall justice blackmun join dissenting plurality opinion metromedia san diego concluded city san diego consistently first amendment restrict commercial use billboards order preserve improve appearance city today sustains constitutionality los angeles similarly motivated ban posting political signs public property lenient approach towards restriction speech reasons aesthetics threatens seriously undermine protections first amendment dissent finds city interest eliminating visual clutter sufficiently substantial justify effect ordinance appellees expression effect ordinance speech greater necessary accomplish city purpose ante right questions consider analyzing constitutionality challenged ordinance see metromedia supra brennan concurring judgment heffron international society krishna consciousness brennan concurring part dissenting part answers provides reflect startling insensitivity principles embodied first amendment view city los angeles shown interest eliminating visual clutter justifies restriction appellees ability communicate local electorate recognizes medium communicating ideas information presents particular problems analysis first amendment concerns implicated given medium must therefore sensitive particular problems characteristics posting signs course means communicating broad range ideas information particularly cities towns time unfettered proliferation signs public fixtures may offend public legitimate desire preserve orderly aesthetically pleasing urban environment case metromedia called upon adjudge constitutionality first amendment local government response recurring dilemma namely clash public aesthetic interest controlling use billboards signs handbills similar means communication first amendment interest wish use media express views learn views others matters importance community deciding first amendment question critical importance posting signs means communication must overlooked use medium communication particularly valuable part entails relatively small expense reaching wide audience allows flexibility accommodating various formats typographies graphics conveys message manner easily read understood reader viewer may alternative channels communication prevalence large number signs los angeles strong indication many speakers alternatives far less satisfactory cf southeastern promotions conrad nevertheless city los angeles asserts ample alternative avenues communication available city notes although posting signs public property prohibited posting signs private property distribution handbills brief appellants showing either alternatives serve appellees needs nearly well posting signs public property first proof sufficient number private parties allow posting signs property indeed common sense suggests contrary least instances speaker message generally unpopular simply unpopular among property owners hardly likely get message across forced rely medium difficult believe example group advocating increase rate property tax succeed persuading private property owners accept signs similarly adequacy distributing handbills dubious despite certain advantages handbills signs see martin struthers particularly message carried best expressed words graphic image message sign typically reach far people one handbill message posted sign remains seen passersby long posted handbill typically read single reader discarded thus must handbills printed large quantity many hours must spent distributing average cost communicating handbill therefore likely far higher average cost communicating poster reason signs posted public property doubtless essential poorly financed causes little people prohibition constitutes total ban important medium communication cf stone fora americana speech public places rev city completely banned use particular medium communication given circumstances equivalent alternative media provide adequate substitute must examine particular care justifications city proffers ban see metromedia supra brennan concurring judgment linmark associates willingboro ii acknowledges ante ordinance significantly limits communicative activity delicate difficult task falls upon courts weigh circumstances appraise substantiality reasons advanced support regulation schneider state first task determine whether ordinance aimed suppressing content speech whether compelling state interest justifies suppression consolidated edison public service police department chicago mosley restriction task determine whether governmental objective advanced restriction substantial whether restriction imposed speech greater essential objective unless conditions met restriction must invalidated see ante suggestion metromedia courts exercise special care addressing questions purely aesthetic objective asserted justify restriction speech specifically deferring city judgment must convinced city seriously comprehensively addressing aesthetic concerns respect environment adhere view correctness premised largely concern aesthetic interests easy city assert difficult evaluate reaffirmed case fundamental problem kind case purely aesthetic state interest offered justify restriction speech governmental objective justified solely terms like proscribing intrusive unpleasant formats expression ante creates difficulties reviewing fulfilling obligation ensure government regulation trespass upon protections secured first amendment source difficulties unavoidable subjectivity aesthetic judgments fact beauty eye beholder consequence subjectivity laws defended aesthetic grounds raise problems judicial review presented laws defended objective grounds national security public health public safety practice therefore inherent subjectivity aesthetic judgments makes easy government fashion justification law manner impairs ability reviewing meaningfully make required inquiries initially reviewing faces substantial difficulties determining whether actual objective related suppression speech asserted interest aesthetics may facade suppression course agree improvement preservation aesthetic environment important governmental functions restrictions speech may necessary carry functions metromedia supra governmental interest aesthetics regarded sufficiently compelling justify restriction speech based assertion content speech aesthetically displeasing cohen california aesthetic judgments subjective however easy government enact restrictions speech illegitimate reasons evade effective judicial review asserting restriction aimed displeasing aspect speech solely communicative example sound appearance location objective standard evaluating claimed aesthetic judgments therefore essential without one courts reliable means assessing genuineness claims example evaluating ordinance us case city might pursuing either two objectives motivated two different judgments one objective might elimination visual clutter attributable whole part signs posted public property aesthetic judgment underlying objective clutter created signs offends community desire orderly visually pleasing environment second objective might simply elimination messages typically carried signs case aesthetic judgment signs messages displeasing first objective lawful course second yet city might easily mask second objective asserting first declaring signs constitute visual clutter short must avoid unquestioned acceptance city bare declaration aesthetic objective lest fail duty prevent unlawful trespasses upon first amendment protections total ban important medium communication may upheld government proves ban furthers substantial government objective constitutes least means achieving objective schad mount ephraim however meaningful judicial application standards seriously frustrated one doubts importance general governmental interest aesthetics order justify restriction speech particular objective behind restriction must substantial grace perry education assn perry local educators therefore order uphold restriction speech imposed aesthetic objective must ascertain substantiality specific objective pursued although courts ordinarily defer government assertion objective substantial assertion immune critical examination see schad mount ephraim supra particularly true aesthetic objectives underlie restrictions cases independent judicial assessment substantiality government interest difficult aesthetic judgments entirely subjective government may easily overstate substantiality goals accordingly unless courts carefully scrutinize restrictions speech risk standing idly important media communication foreclosed sake insubstantial governmental objectives similarly total ban justified solely terms aesthetics means inquiry necessary evaluate constitutionality ban may impeded deliberate unintended government manipulation governmental objectives purely aesthetic usually expressed virtually limitless variety ways consequently objectives tailored fit whatever program government devises promote general aesthetic interests government identified substantial aesthetic objective selected preferred means achieving objective possible government correct mismatch means ends redefining ends conform means case example several objectives might city actual substantial goal banning temporary signs elimination signs throughout city elimination signs certain parts city reduction density signs although total ban posting signs public property least restrictive means achieving first objective effective means achieving two well quite possible therefore city might select ban means general interest solving sign problem without explicitly considering three specific objectives really substantial selected total ban preferred means city strongly inclined characterize first objective substantial one might done purposefully order conform ban requirement might done inadvertently natural concomitant considering means ends together regardless done reviewing confronted statement substantiality subjectivity makes impossible question face possibility interdependence means ends development policies promote aesthetics poses major obstacle judicial review availability alternative means less restrictive speech indeed reviews restriction speech imposed order promote aesthetic objective significant possibility able little pay lipservice first amendment inquiry availability less restrictive alternatives means may fit ends ends defined means mind case example city expressed aesthetic judgment signs public property constitute visual clutter throughout city objective eliminate visual clutter asked determine whether objective achieved less restriction speech ask question highlight circularity inquiry since goal least currently expressed essentially eliminate signs available means achieving goal eliminate signs ease means equated aesthetic ends confirms importance close judicial scrutiny substantiality ends see supra case example essential assess city ban signs evaluating whether city substantial interest eliminating visual clutter caused posted signs throughout city distinguished interest banning signs areas preventing densely packed signs fact either latter two objectives constitute substantial interest underlying ordinance achieved means far less restrictive speech total ban signs ban therefore invalid regrettably analysis seriously inadequate failed develop reliable means gauging nature depth city commitment pursuing goal eradicating visual clutter simply approves ordinance cursory degree judicial oversight without stopping consider carefully whether supposed commitment genuine substantial essentially defers city aesthetic judgment precludes serious assessment availability alternative means begins simply affirming problem addressed ordinance visual assault citizens los angeles presented accumulation signs posted public property constitutes significant substantive end within city power prohibit ante addressing availability less restrictive alternatives little state unsurprising conclusion banning signs city eliminate exact source evil sought remedy ante finally explain ease reaches conclusion notes ith respect signs posted appellees tangible medium expressing message adverse impact appearance landscape ante demonstrated precisely ability state make judgment lead us approach cases caution iii fact difficulties inherent judicial review restrictions speech imply government may engage activities said improvement preservation aesthetic environment often legitimate important governmental functions implementation functions creates special dangers first amendment freedoms need stringent judicial scrutiny seems willing exercise cases like total ban imposed particularly valuable method communication require government provide tangible proof legitimacy substantiality aesthetic objective justifications restrictions articulated government critically examined determine whether government committed addressing identified aesthetic problem view statements aesthetic objectives accepted substantial unrelated suppression speech government demonstrates pursuing identified objective seriously comprehensively ways unrelated restriction speech metromedia brennan concurring judgment without demonstration invalidate restriction violative first amendment requiring type showing courts ensure governmental regulation aesthetic environment remains within constraints established first amendment first reasonably reliable indication content communicative aspect speech government finds unaesthetic second restriction speech part comprehensive seriously pursued program promote aesthetic objective reliable indication government assessment substantiality objective finally aesthetic objective pursued one front better basis upon ascertain precise nature thereby determine whether means selected least restrictive ones achieving objective mean government must address aesthetic problems one time government hesitate pursue aesthetic objectives mean however objective pursued may pursued solely expense first amendment freedoms may pursued arbitrarily discriminating form speech aesthetic characteristics forms speech also present community see metromedia supra brennan concurring judgment accordingly order los angeles succeed defending total ban posting signs city demonstrate pursuing goal eliminating visual clutter serious comprehensive manner importantly city show pursuing goal programs ban signs least programs address visual clutter problem means entail restriction speech programs parallel ban stringency geographical scope aesthetic focus case however appeals found indication city addressed visual clutter problem way prohibiting posting signs throughout city without regard density presence therefore hold prohibition violates appellees first amendment rights light extreme stringency los angeles ban barring signs posted wide geographical scope covering entire city might difficult los angeles make type showing suggested cf metromedia supra limited approach visual clutter problem however might well pass constitutional muster doubt signs posted public property certain areas including perhaps parts los angeles contribute type eyesore city genuinely substantial interest eliminating areas might include parts city particularly pristine reserved certain uses designated reflect certain themes blighted renovation necessary presumably types areas city also regulate aesthetic environment ways banning temporary signs city might zone areas particular type development lack development might actively create particular type environment might especially vigilant keeping area clean might regulate size location permanent signs might reserve particular locations kiosks posting temporary signs similarly los angeles might able attack visual clutter problem areas city reducing stringency ban perhaps regulating density temporary signs coupling approach additional measures designed reduce forms visual clutter variety ways aesthetic environment regulated restrictive speech others aesthetic regulation addressed comprehensive focused manner ensure goals pursued substantial manner pursued restrictive speech necessary absence showing case believe los angeles total ban sweeps broadly trenches completely appellees use important medium political expression must struck violative first amendment therefore dissent according appeals street inspection personnel removed illegally posted signs january may course restriction must also leave open ample alternative avenues communication see supra page safety health national security subjective aspects well wholly subjective objectives invoked justify restriction speech courts broadly judge plausibility true aesthetics one scholar stated aesthetic policy currently formulated implemented federal state local levels often partakes high farce rule law purposes seldom accurately candidly portrayed let alone understood vehement champions diversion dubious flatly deplorable social ends undermines credit may merit soundly conceived executed indiscriminate often quixotic demands overwhelmed legal institutions frequently compromised integrity legislative administrative judicial processes name beauty costonis law aesthetics critique reformation dilemmas rev fact ban temporary signs applies signs necessarily imply particular media often used disproportionately certain types messages restriction face may fact cf stone fora americana speech public places rev theoretically though remotely possible form speech distinctively unaesthetic comprehensive program aimed eliminating eyesore causes apply unpleasant form speech approach suggest program invalid restrict speech community therefore tolerate displeasing form speech doubt disadvantage approach least form speech restricted constitutes important medium communication restriction effect total ban use medium price must pay protect first amendment liberties use aesthetics alone cloak abridge although reach question appellants argue city interest traffic safety provides independent significant justification ban signs appeals concluded however city offered prove facts raise genuine issue regarding traffic safety hazards respect posting signs many objects covered ordinance