metromedia san diego argued february decided july appellee city san diego enacted ordinance imposes substantial prohibitions erection outdoor advertising displays within city stated purpose ordinance eliminate hazards pedestrians motorists brought distracting sign displays preserve improve appearance city ordinance permits onsite commercial advertising sign advertising goods services available property sign located forbids commercial advertising noncommercial advertising using signs unless permitted ordinance specified exceptions temporary political campaign signs appellants companies engaged outdoor advertising business city ordinance passed brought suit state enjoin enforcement ordinance trial held ordinance unconstitutional exercise city police power abridgment appellants first amendment rights california appeal affirmed first ground alone california reversed holding inter alia ordinance facially invalid first amendment held judgment reversed case remanded pp cal reversed remanded justice white joined justice stewart justice marshall justice powell concluded ordinance unconstitutional face pp media communication government legitimate interests controlling noncommunicative aspects billboards first fourteenth amendments foreclose similar interests controlling communicative aspects billboards regulation noncommunicative aspects medium often impinges degree communicative aspects courts must reconcile government regulatory interests individual right expression pp insofar regulates commercial speech ordinance meets constitutional requirements central hudson gas electric public service improving traffic safety appearance city substantial governmental goals ordinance directly serves goals broader necessary accomplish ends pp however city general ban signs carrying noncommercial advertising invalid first fourteenth amendments fact city may value commercial messages relating onsite goods services values commercial communications relating offsite goods services justify prohibiting occupant displaying ideas others furthermore ordinance specified exceptions noncommercial messages may conveyed billboards throughout commercial industrial zones city must allow billboards conveying noncommercial messages throughout zones ordinance characterized reasonable time place manner restriction pp government restrictions protected speech permissible merely government favor one side another subject public controversy prohibition messages carried particular mode communication upheld merely prohibition rationally related nonspeech interest courts must protect first amendment interests legislative intrusion rather defer merely rational legislative judgments area since city concluded official interests strong private interests onsite commercial advertising may claim official interests outweigh private interests noncommercial communications pp justice brennan joined justice blackmun concluded practical effect city ordinance constitutes total ban use billboards communicate public messages general applicability whether commercial noncommercial appropriate first amendment analysis city may totally ban billboards show sufficiently substantial governmental interest directly furthered thereby narrowly drawn restriction promote less well achievement goal test san diego ordinance invalid since city failed produce evidence demonstrating billboards actually impair traffic safety san diego ordinance narrowly drawn accomplish traffic safety goal city failed show asserted interest esthetics sufficiently substantial commercial industrial areas ordinance totally banning commercial billboards allowing noncommercial billboards constitutional since give city officials discretion determine first instance whether proposed message commercial noncommercial pp floyd abrams argued cause appellants briefs theodore olson dean ringel wayne smith alan sumption argued cause appellees brief john witt briefs amici curiae urging reversal filed nadine strossen bruce ennis american civil liberties union arthur hanson frank northam mitchell dale american newspaper publishers association eric rubin outdoor advertising association america ronald zumbrun thomas hookano raymond momboisse pacific legal foundation kip pope robert pope et al briefs amici curiae urging affirmance filed solicitor general mccree assistant attorney general moorman deputy solicitor general claiborne edwin kneedler kaid benfield edward shawaker state hawaii et al wayne minami attorney general hawaii laurence lau deputy attorney general richard cohen attorney general maine cabanne howard assistant attorney general jerome diamond attorney general vermont benson scotch assistant attorney general city alameda et al carter stroud david schricker john powers city county san francisco george agnost burk delventhal diane hermann alice suet yee barkley national institute municipal law officers aaron wilson lamar shelley benjamin brown john dekker james brennan henry underhill william quinlan george knox max zall allen schwartz lee holt burt pines walter powell roger cutler conrad mattox charles rhyne william rhyne justice white announced judgment delivered opinion justice stewart justice marshall justice powell joined case involves validity ordinance city san diego imposing substantial prohibitions erection outdoor advertising displays within city stating purpose eliminate hazards pedestrians motorists brought distracting sign displays preserve improve appearance city san diego enacted ordinance prohibit outdoor advertising display signs california subsequently defined term advertising display sign rigidly assembled sign display device permanently affixed ground permanently attached building inherently permanent structure constituting used display commercial advertisement public cal advertising displays signs include sign directs attention product service activity event person institution business ordinance provides two kinds exceptions general prohibition onsite signs signs falling within specified categories onsite signs defined designating name owner occupant premises upon signs placed identifying premises signs advertising goods manufactured produced services rendered premises upon signs placed appellants companies engaged outdoor advertising business san diego time ordinance passed owns substantial number outdoor advertising displays approximately within city signs located areas zoned commercial industrial purposes property leased owners appellants purpose maintaining billboards sign remaining useful life years sign fair market value space signs made available comers copy sign changed regularly usually monthly nature outdoor advertising business described parties follows outdoor advertising customarily purchased basis presentation campaign requiring multiple exposure usually large number signs variety locations utilized communicate particular advertiser message advertiser generally purchase showing involve utilization specific number signs advertising message variety locations throughout metropolitan area appellants brought suit state enjoin enforcement ordinance extensive discovery parties filed stipulation facts including enforced written ordinance eliminate outdoor advertising business city san diego outdoor advertising increases sales products produces numerous direct indirect benefits public valuable commercial political social information communicated public use outdoor advertising many businesses politicians persons rely upon outdoor advertising forms advertising insufficient inappropriate prohibitively expensive joint stipulation facts nos app ii early cases sustaining regulation prohibitions aimed billboards involve first amendment considerations see packer utah louis poster advertising louis thomas cusack city chicago since decisions given plenary consideration cases involving first amendment challenges statutes ordinances limiting use billboards preferring several occasions summarily affirm decisions sustaining state local legislation directed billboards suffolk outdoor advertising hulse involved municipal ordinance distinguished offsite onsite billboard advertising prohibiting former permitting latter summarily dismissed presenting substantial federal question appeal judgment sustaining ordinance thereby rejecting submission repeated case prohibiting offsite commercial advertising violates first amendment definition billboard however considerably narrower suffolk sign directs attention business commodity service entertainment attraction sold offered existing elsewhere upon lot sign displayed definition sweep within scope broad range noncommercial speech admittedly prohibited san diego ordinance furthermore southampton ordinance unlike san diego contained provision permitting establishment public information centers approved directional signs businesses located repeatedly stated although summary dispositions decisions merits decisions extend precise issues presented necessarily decided actions mandel bradley see also hicks miranda edelman jordan insofar san diego ordinance challenged ground prohibits noncommercial speech suffolk case directly support decision summarily disposed appeals decisions upholding state restrictions billboards several occasions markham advertising washington newman signs hjelle involved facial validity state billboard prohibitions extended certain designated roadways areas zoned certain uses statutes instances distinguished onsite commercial billboards offsite billboards within protected areas recent summary action lotze washington involved applied challenge washington prohibition offsite signs case appellants erected property billboards expressing political social views although billboards conveying information relating commercial use property permitted appellants billboards prohibited state courts ordered removal dismissed raising substantial federal question appeal judgment rejecting first amendment challenge statute insofar holdings pertinent california quite right relying summary decisions authority sustaining san diego ordinance first amendment attack hicks miranda supra pointed however summary actions authority decisions rendered plenary consideration illinois state board elections socialist workers party edelman jordan supra see also fusari steinberg burger concurring present justification declining reconsider prior decision decisions rendered argument full opinion unusual find appropriate give full consideration question subject previous summary action washington yakima indian nation see also tully griffin usery turner elkhorn mining probable jurisdiction noted consider constitutionality san diego ordinance proceed iii often faced problem applying broad principles first amendment unique forums expression see consolidated edison public service billing envelope inserts carey brown picketing residential areas schaumburg citizens better environment solicitation greer spock army bases erznoznik city jacksonville outdoor movie theaters lehman city shaker heights advertising space within transit system even cursory reading opinions reveals times first amendment values must yield societal interests cases support cogency justice jackson remark kovacs cooper method communicating ideas law unto law must reflect differing natures values abuses dangers method deal law billboards billboards medium communication used convey broad range different kinds messages justice clark noted dissent outdoor sign symbol venerable medium expressing political social commercial ideas poster broadside billboard outdoor signs played prominent role throughout american history rallying support political social causes cal publicize city motion campaign city san diego communicate messages candidates municipal state national offices including candidates judicial office propose marriage seek employment encourage use seat belts denounce nations seek support prisoners war missing action promote crusade variety charitable endeavors provide directions traveling public billboards like media communication combine communicative noncommunicative aspects media government legitimate interests controlling noncommunicative aspects medium kovacs cooper supra first fourteenth amendments foreclose similar interest controlling communicative aspects regulation noncommunicative aspects medium often impinges degree communicative aspects necessary courts reconcile government regulatory interests individual right expression may escape task assessing first amendment interest stake weighing public interest allegedly served regulation linmark associates willingboro quoting bigelow virginia performance task requires particularized inquiry nature conflicting interests stake beginning precise appraisal character ordinance affects communication construed california ordinance restricts use certain kinds outdoor signs restriction defined two ways first reference structural characteristics sign second reference content message sign thus regulation applies permanent structure constituting used display commercial advertisement public cal within class permitted signs identifying premises sign located owner occupant advertising goods produced services rendered property within one specified exemptions general prohibition temporary political campaign signs determine billboard prohibited ordinance one must determine constructed located message carries thus ordinance sign advertising goods services available property sign located allowed sign building property advertising goods services produced offered elsewhere barred noncommercial advertising unless within one specific exceptions everywhere prohibited occupant property may advertise goods services may advertise goods services others may display noncommercial messages iv appellants principal submission enforcement ordinance eliminate outdoor advertising business san diego first fourteenth amendments prohibit elimination medium communication appellants contend city may bar neither offsite commercial signs noncommercial advertisements even may bar former may bar latter appellants may raise arguments right although bulk business consists offsite signs carrying commercial advertisements billboards also convey substantial amount noncommercial advertising cases consistently distinguished constitutional protection afforded commercial opposed noncommercial speech evaluating appellants contention consider separately effect ordinance commercial noncommercial speech extension first amendment protections purely commercial speech relatively recent development first amendment jurisprudence prior purely commercial advertisements services goods sale considered outside protection first amendment valentine chrestensen construction first amendment severely cut back bigelow virginia supra virginia pharmacy board virginia citizens consumer council plainly held speech proposing commercial transaction enjoys substantial degree first amendment protection state may completely suppress dissemination truthful information entirely lawful activity merely fearful information effect upon disseminators recipients decision however equate commercial noncommercial speech first amendment purposes indeed expressly indicated contrary see see also stewart concurring although protection extended commercial speech continued develop commercial noncommercial communications context first amendment treated differently bates state bar arizona held advertising attorneys may subjected blanket suppression specific advertisement issue constitutionally protected however continued observe distinction commercial noncommercial speech indicating former forbidden regulated situations latter ohralik ohio state bar refused invalidate first amendment grounds lawyer suspension practice solicitation business pecuniary gain course recognized legal distinction speech proposing commercial transaction varieties speech require parity constitutional protection commercial noncommercial speech alike invite dilution simply leveling process force amendment guarantee respect latter kind speech rather subject first amendment devitalization instead afforded commercial speech limited measure protection commensurate subordinate position scale first amendment values allowing modes regulation might impermissible realm noncommercial expression finally central hudson gas electric public service held constitution accords lesser protection commercial speech constitutionally guaranteed expression protection available particular commercial expression turns nature expression governmental interests served regulation citation omitted adopted test determining validity government restrictions commercial speech distinguished fully protected speech first amendment protects commercial speech speech concerns lawful activity misleading restriction otherwise protected commercial speech valid seeks implement substantial governmental interest directly advances interest reaches necessary accomplish given objective appellants agree proper approach taken determining validity restrictions commercial speech articulated central hudson assert san diego ordinance fails test agree little controversy application first second fourth criteria suggestion commercial advertising issue involves unlawful activity misleading substantial doubt twin goals ordinance seeks traffic safety appearance city substantial governmental goals far late contend otherwise respect either traffic safety railway express agency new york esthetics see penn central transportation new york city village belle terre boraas berman parker similarly reject appellants claim ordinance broader necessary therefore fails fourth part central hudson test city sufficient basis believing billboards traffic hazards unattractive obviously direct perhaps effective approach solving problems create prohibit city gone necessary seeking meet ends indeed stopped short fully accomplishing ends prohibited billboards allows onsite advertising specifically exempted signs serious question concerns third central hudson criteria ordinance directly advance governmental interests traffic safety appearance city asserted record inadequate show connection billboards traffic safety california noted meager record point held matter law ordinance eliminates billboards designed viewed streets highways reasonably relates traffic safety cal noting illboards intended undoubtedly divert driver attention roadway whether distracting effect contributes traffic accidents invokes issue continuing controversy california agreed many courts legislative judgment billboards traffic hazards manifestly unreasonable set aside likewise hesitate disagree accumulated commonsense judgments local lawmakers many reviewing courts billboards real substantial hazards traffic safety nothing suggest judgments unreasonable said different context railway express agency new york supra trespassing one intensely local specialized municipal problems held regulation relation traffic problem new york city judgment local authorities relation nothing advanced shows palpably false nevertheless argued city denigrates interest traffic safety beauty defeats case permitting onsite advertising specified signs appellants question whether distinction onsite offsite advertising property justifiable terms either esthetics traffic safety ordinance permits occupant property use billboards located property advertise goods services offered location identical billboards equally distracting unattractive advertise goods services available elsewhere prohibited even permitting latter multiply number billboards despite apparent incongruity argument rejected least implicitly cases sustaining distinction offsite onsite commercial advertising agree cases decisions suffolk outdoor advertising hulse markham advertising washington newman signs hjelle first place whether onsite advertising permitted prohibition offsite advertising directly related stated objectives traffic safety esthetics altered fact ordinance permits onsite advertising second city may believe offsite advertising periodically changing content presents acute problem onsite advertising see railway express 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 see city reasonably conclude commercial enterprise well interested public stronger interest identifying place business advertising products services available using leasing available space purpose advertising commercial enterprises located elsewhere see railway express supra jackson concurring bradley public utilities follow fact city concluded commercial interests outweigh municipal interests context must give similar weight commercial advertising thus offsite commercial billboards may prohibited onsite commercial billboards permitted constitutional problem area requires resolution conflict city interests commercial interests seeking purvey goods services within city light analysis conclude city drawn ordinance broader necessary meet interests fails directly advance substantial government interests sum insofar regulates commercial speech san diego ordinance meets constitutional requirements central hudson supra follow however san diego general ban signs carrying noncommercial advertising also valid first fourteenth amendments fact city may value commercial messages relating onsite goods services values commercial communications relating offsite goods services justify prohibiting occupant displaying ideas others indicated recent commercial speech cases consistently accorded noncommercial speech greater degree protection commercial speech san diego effectively inverts judgment affording greater degree protection commercial noncommercial speech broad exception onsite commercial advertisements similar exception noncommercial speech use onsite billboards carry commercial messages related commercial use premises freely permitted use otherwise identical billboards carry noncommercial messages generally prohibited city explain noncommercial billboards located places commercial billboards permitted threatening safe driving detract beauty city insofar city tolerates billboards choose limit content commercial messages city may conclude communication commercial information concerning goods services connected particular site greater value communication noncommercial messages furthermore ordinance contains exceptions permit various kinds noncommercial signs whether property goods services offered otherwise within general ban fixed sign may used identify piece property owner piece property may carry display religious symbols commemorative plaques recognized historical societies organizations signs carrying news items telling time temperature signs erected discharge governmental function temporary political campaign signs noncommercial ideological signs meeting structural definition permitted regardless effect traffic safety esthetics although city may distinguish relative value different categories commercial speech city range choice area noncommercial speech evaluate strength distinguish various communicative interests see carey brown police dept chicago mosley respect noncommercial speech city may choose appropriate subjects public discourse allow government choice permissible subjects public debate allow government control search political truth consolidated edison noncommercial messages may conveyed billboards throughout commercial industrial zones san diego must similarly allow billboards conveying noncommercial messages throughout zones finally reject appellees suggestion ordinance may appropriately characterized reasonable time place manner restriction ordinance generally ban billboard advertising unacceptable manner communicating information ideas rather permits various kinds signs signs banned banned everywhere times observed time place manner restrictions permissible justified without reference content regulated speech serve significant governmental interest leave open ample alternative channels communication information virginia pharmacy board virginia citizens consumer council assumed alternative channels available parties stipulated opposite many businesses politicians persons rely upon outdoor advertising forms advertising insufficient inappropriate prohibitively expensive similar argument made respect prohibition real estate sale signs linmark associates willingboro said equally applicable although theory sellers remain free employ number different alternatives practice certain products marketed leaflets sound trucks demonstrations like options sellers realistically relegated involve cost less autonomy signs less likely reach persons deliberately seeking sales information may less effective media communicating message conveyed sign alternatives far satisfactory vi despite rhetorical hyperbole chief justice dissent considerable amount common ground approach taken opinion suggested dissent recognize medium communication creates unique set first amendment problems recognize city legitimate interest regulating noncommunicative aspects medium expression recognize proper judicial role conduct careful inquiry competing concerns state interests protected guarantee free expression post principal difference dissent gives little weight latter half inquiry chief justice writes lthough must ensure regulation speech sufficiently substantial government interest given reasonable approach perceived problem duty determine whether legislative approach essentially neutral messages conveyed leaves open adequate means conveying messages post essentially neutral chief justice may mean either two things may mean government restrictions protected speech permissible long government favor one side another subject public controversy concept neutrality specifically rejected last term consolidated edison public service dismissed commission contention prohibition discussion regardless viewpoint expressed controversial issues public policy unconstitutionally suppress freedom speech first amendment hostility regulation extends restrictions particular viewpoints also prohibition public discussion entire topic ibid hand chief justice may mean neutrality government restrictions speech favor certain communicative contents others general rule course correct see police dept chicago mosley carey brown general rule fact applicable facts case san diego chosen favor certain kinds messages onsite commercial advertising temporary political campaign advertisements others except imply favored categories reason de minimis constitutional sense dissent fails explain san diego held violated concept first amendment neutrality taken literally chief justice approach require reversal many cases striking antisolicitation statutes first amendment grounds city argue preventing distribution leaflets rationally furthered city interest limiting litter applied kinds leaflets hence violate principle government neutrality left open alternative means communication see martin struthers schneider state despite dissent assertion contrary however consistent position democracy stands stronger footing courts protect first amendment interests legislative intrusion rather deferring merely rational legislative judgments area mere legislative preferences beliefs respecting matters public convenience may well support regulation directed personal activities insufficient justify diminishes exercise rights vital maintenance democratic institutions cases arise delicate difficult task falls upon courts weigh circumstances appraise substantiality reasons advanced support regulation free enjoyment rights question prohibition erection billboards infringes freedom speech exceptions create infringement rather general prohibition exceptions general prohibition great significance assessing strength city interest prohibiting billboards conclude allowing commercial establishments use billboards advertise products services offer city necessarily conceded communicative interests onsite commercial advertising stronger competing interests esthetics traffic safety nevertheless banned noncommercial signs except specifically excepted chief justice agrees allowing exceptions rule city balanced competing interests argues transgress judicial role independently reviewing relative values city assigned various communicative interests seems argue although constitution affords greater degree protection noncommercial commercial speech legislature need make choices post position makes little sense even abstractly surely consistent cases chief justice argument statutes challenged first amendment grounds must evaluated light unique facts circumstances case governmental interests revealed given concrete force steps taken meet interests city concluded official interests strong private interests commercial communications may nevertheless claim official interests outweigh private interests noncommercial communications answer consistent cases negative vii san diego ordinance reaches far realm protected speech conclude unconstitutional face judgment california reversed case remanded ordered footnotes general prohibition ordinance reads follows outdoor advertising display signs prohibited outdoor advertising display signs hereinafter referred signs division either signs designating name owner occupant premises upon signs placed identifying premises signs advertising goods manufactured produced services rendered premises upon signs placed shall permitted following signs shall prohibited sign identifying use facility service located premises sign identifying product produced sold manufactured premises sign advertises otherwise directs attention product service activity event person institution business may may identified brand name occurs generally conducted sold manufactured produced offered elsewhere premises sign located california noted ordinance written might interpreted apply signs character different commercial billboards example picket sign announcing labor dispute small sign placed one front yard proclaiming political religious message cal reason adopted narrowing definition quoted text definition however focused structure content billboard excluded picket signs billboards used convey noncommercial message cf state ex rel dept transportation pile oklahoma construed state statute prohibiting outdoor advertising signs covering noncommercial speech order avoid constitutional problems explicitly recognized continuing burden noncommercial speech relatively advertisers restricted san diego ordinance possess great variety alternative means communication cal furthermore city continues contend ordinance prohibits use billboards convey noncommercial message unless message falls within one specified exemptions contained ordinance brief appellees section provides follows following types signs shall exempt provisions regulations sign erected maintained pursuant discharge governmental function required law ordinance governmental regulation bench signs located designated public transit bus stops provided however signs shall necessary permits required sections code signs manufactured transported stored within city limits city san diego shall exempt provided however signs used manner form purposes advertising place places manufacture storage commemorative plaques recognized historical societies organizations religious symbols legal holiday decorations identification emblems religious orders historical societies signs located within malls courts arcades porches patios similar areas signs visible point boundary premises signs designating premises sale rent lease provided however sign shall conform regulations particular zone located public service signs limited depiction time temperature news provided however sign shall conform regulations particular zone located signs vehicles regulated city provide public transportation including limited buses taxicabs signs licensed commercial vehicles including trailers provided however vehicles shall utilized parked stationary outdoor display signs temporary subdivision directional signs permitted conditional use permit granted zoning administrator temporary political campaign signs including supporting structures erected maintained longer days removed within days election pertain account appellants businesses taken joint stipulation facts entered parties filed summary judgment california superior see joint stipulation facts nos app joint stipulation facts app suffolk outdoor advertising hulse newman signs hjelle lotze washington cases primarily involved due process equal protection challenges municipal regulations directed billboards plaintiffs claimed method advertising improperly distinguished methods similarly regulated ordinances resulted takings property without due process rejected claims holding regulation billboards fell within legitimate police powers local government uniqueness medium expression frequent refrain see southeastern promotions conrad medium expression must assessed first amendment purposes standards suited may present problems fcc pacifica foundation long recognized medium expression presents special first amendment problems joseph burstyn wilson method tends present peculiar problems description history use outdoor advertising country use billboards within history see presbrey history development advertising tocker standardized outdoor advertising history economics outdoor advertising history regulation houck ed joint stipulation facts app california suggested appellants owners billboard businesses standing raise argument billboards may individuals groups affordable method communicating large audience cal holding california seems confused category commercial speech category individuals commercial interest protected speech held overbreadth doctrine party whose activities unprotected may challenge statute showing substantially abridges first amendment rights parties applied cases involving commercial speech bates state bar arizona however never held one commercial interest speech also challenge facial validity statute grounds substantial infringement first amendment interests others otherwise newspapers radio stations movie theaters producers often highest interest largest stake first amendment controversy able challenge government limitations speech substantially overbroad opinion bates observed ur cases long protected speech even though form paid advertisement buckley valeo new york times sullivan form sold profit smith california murdock pennsylvania form solicitation pay contribute money new york times sullivan supra cantwell connecticut commercial speech distinguished must distinguished content justice stewart comments virginia pharmacy board worth quoting determination commercial advertising kind issue wholly outside protection first amendment indicates phrasing important differences commercial price product advertising one hand ideological communication ideological expression oral literary pictorial theatrical integrally related exposition thought thought may shape concepts whole universe man although expression may convey factual information relevant social individual decisionmaking protected constitution whether contains factual representations even includes inaccurate assertions fact commercial price product advertising differs markedly ideological expression confined promotion specific goods services first amendment protects advertisement information potential interest value conveyed rather direct contribution interchange ideas references footnotes omitted california held varney green williams cal municipal ordinance prohibiting advertising billboards purely esthetic reasons unconstitutional exercise municipal police power specifically overruled varney upholding san diego ordinance issue california current position accord jurisdictions see infra see elliott advertising metropolitan dade county markham advertising washington new york state thruway authority ashley motor ghaster properties preston ohio newman signs hjelle lubbock poster city lubbock tex civ app state lotze inhabitants town boothbay national advertising stuckey stores opinion justices general outdoor advertising department public works mass see john donnelly sons campbell state ex rel dept transportation pile metromedia city des plaines app see john donnelly sons campbell supra elliott advertising metropolitan dade county supra newman signs hjelle supra markham advertising washington supra stuckey stores supra suffolk outdoor advertising hulse john donnelly sons outdoor advertising mass cromwell ferrier state diamond motors haw advertising metuchen opinion justices supra see state ex rel dept transportation pile supra sunad sarasota federal highway beautification act pub stat amended ed supp iii requires eliminate billboards areas adjacent certain highways constructed federal funds federal government also prohibits billboards federal lands cfr three enacted statewide bans billboards maine rev stat tit et seq hawaii haw rev stat et et seq vermont stat tit et seq see howard state department highways colorado john donnelly sons campbell supra john donnelly sons outdoor advertising supra donnelly advertising city baltimore md modjeska sign studios berle suffolk outdoor advertising hulse supra ghaster properties preston supra newman signs hjelle supra advertising borough raritan brennan advertising metuchen supra stuckey stores supra john donnelly sons campbell appeals first circuit considered statewide limitation billboards similarly afforded greater degree protection commercial noncommercial messages took position similar one take today sustained regulation insofar restricted commercial advertising held unconstitutional intrusive restrictions noncommercial speech stated law thus impacts heavily ideological commercial speech peculiar inversion first amendment values statute provides greater restrictions fewer alternatives side coin ideological commercial speech short statute impositions legally practically burdensome ideological speech least courts however failed give adequate weight distinction commercial noncommercial speech higher level protection afforded latter see donnelly advertising city baltimore md state lotze extent decision consistent conclusion reached lotze overrule prior summary approval decision sense case presents opposite situation lehman city shaker heights greer spock cases government agency chosen prohibit certain forum speech relating political campaigns kinds speech permitted cases upheld prohibition cases turned unique fact situations involving forums application total prohibition outdoor advertising us indicate whether ban consistent first amendment see schad mount ephraim constitutional problems created total prohibition particular expressive forum live entertainment case despite justice stevens insistence contrary post imply ordinance unconstitutional abridge enough speech similarly need reach decision case constitutionality federal highway beautification act act like san diego ordinance permits onsite commercial billboards areas permit billboards noncommercial messages supp iii however unlike san diego ordinance prohibits billboards conveying noncommercial messages throughout city federal law contain total prohibition billboards areas adjacent interstate primary highway systems far federal government concerned billboards permitted adjacent highways areas zoned industrial commercial state law unzoned commercial industrial areas regulation billboards areas left primarily reason decision today determine constitutionality federal statute whether fact distinction constitutionally significant determined basis record establishing actual effect act billboards conveying noncommercial messages see joint stipulation facts app justice stevens suggested standard seems go even chief justice ignoring private interests protected first amendment suggests regulation speech permissible long biased favor particular position leaves open ample means communication post nowhere suggest strength weakness government interests factor analysis chief justice correctly notes traditional labels substituted analysis therefore correctly rejects simple classification san diego ordinance either prohibition time place manner restriction labels categories however played important role analysis first amendment problems past standard chief justice adopts appears based almost exclusively prior discussions time place manner restrictions see heffron international society krishna consciousness consolidated edison public service california larue adderley florida kovacs cooper never held less strict standard review applied time place manner restrictions appropriately used every first amendment case first amendment requires government legislation infringes protected speech case need detailed inquiry consistently pursues order answer question whether challenged restriction fact time place manner restriction standard review apply regardless outcome inquiry demonstrated san diego ordinance restriction therefore excuse applying lower standard first amendment review ordinance ever accepted view must defer legislative judgment particular medium communication offensive intrusive merely means communication available post appellants contend ordinance effectively eliminate businesses violates due process clause know however kind ordinance san diego seek enforce place invalidate today case question unconstitutional takings aside due process clause afford greater degree protection appellants business first amendment since hold first amendment interests commercial speech sufficient prevent city prohibiting offsite commercial advertisements different result reached due process clause although ordinance contains severability clause determining meaning application clause properly responsibility state courts see dombrowski pfister record suffices permit hold without benefit limiting construction statutory provisions indictments founded void face acceptable limiting construction obtained provisions applied liggett lee operation severability clause consequent decision matter state law jurisdiction issue deem appropriate leave determination question state dorchy kansas cases coming state courts absence controlling state decision may passing upon claim federal law decide also question severability obliged situation may make appropriate leave determination question state rule reflected different approaches taken statutory construction federal state statutes infringing protected speech compare photographs freedman maryland since judgment based essentially inclusion noncommercial speech within prohibitions ordinance california courts may sustain ordinance limiting reach commercial speech assuming ordinance susceptible treatment justice brennan justice blackmun joins concurring judgment believing total prohibition outdoor advertising us ante plurality decide whether ban consistent first amendment ibid instead concludes san diego may ban billboards containing commercial speech messages without violating first amendment thereby sending signal municipalities bifurcated billboard regulations prohibiting commercial messages allowing noncommercial messages pass constitutional muster ante write separately believe case effect presents total ban question believe plurality bifurcated approach raises serious first amendment problems relies distinction commercial noncommercial speech unanticipated prior cases construed california billboard subject san diego regulation rigidly assembled sign display device permanently affixed ground permanently attached building inherently permanent structure constituting used display commercial advertisement public cal quoting cal rev tax code ann west supp san diego billboard regulation bans commercial noncommercial billboard advertising limited exceptions largest exceptions identification signs defined signs designating name owner occupant premises upon signs placed identifying premises signs advertising goods manufactured produced services rendered premises upon signs placed app juris statement ii let first state common ground share plurality plurality agree billboards medium communication warranting first amendment protection plurality observes illboards medium communication used convey broad range different kinds messages ante see generally tocker standardized outdoor advertising history economics outdoor advertising history regulation houck ed presbrey history development advertising parties stipulated billboards san diego used advertise national local products goods services new products introduced consuming public publicize city motion campaign city san diego communicate messages candidates municipal state national offices including candidates judicial office propose marriage seek employment encourage use seat belts denounce nations seek support prisoners war missing action promote crusade variety charitable endeavors provide directions traveling public joint stipulation facts app plurality disagree characterization san diego ordinance thus appropriate analytical framework apply plurality believes question total ban presented case ante ordinance contains exceptions general prohibition contrast view practical effect san diego ordinance eliminate billboard effective medium communication speaker wants express sorts messages described joint stipulation facts exceptions alter overall character ban unlike sign billboard generally speaking made available fashion similar newspaper broadcasting advertising forum communication messages public joint stipulation facts app speakers san diego longer opportunity communicate messages general applicability public billboards none exceptions provides practical alternative general commercial noncommercial billboard advertiser indeed unless advertiser chooses buy lease premises city unless message falls within one narrow exempted categories foreclosed announcing either commercial noncommercial ideas billboard characterization san diego regulation total ban medium communication semantic implications suggests first amendment analysis quite different plurality instead relying exceptions ban invalidate ordinance apply tests developed analyze prohibitions particular media communication recently schad mount ephraim assessed substantiality governmental interests asserted whether interests served means less intrusive activity protected first amendment striking borough total ban live commercial entertainment schad merely articulated analysis applied previous cases concerning total bans media expression example schneider state struck total bans handbill leafletting less restrictive alternatives achieve goal prevention litter fact alternatives infringe important first amendment privilege martin city struthers invalidated municipal ordinance forbade persons engaging activity solicitation see also jamison texas distribution handbills hague cio opinion roberts distribution pamphlets see generally ely legislative administrative motivation constitutional law yale course plurality notes ach method communicating ideas law unto law must reflect differing natures values abuses dangers method ante quoting kovacs cooper supra jackson concurring similarly southeastern promotions conrad observed medium expression course must assessed first amendment purposes standards suited may present problems obvious billboards present unique problems large immobile structures depend visibility value time special problems associated billboards different genus associated commercial live entertainment borough mount ephraim literature distribution city struthers case billboards hold city may totally ban show sufficiently substantial governmental interest directly furthered total ban narrowly drawn restriction anything less total ban promote less well achievement goal applying test instant case invalidate san diego ordinance city failed provide adequate justification substantial restriction protected activity see schad mount ephraim supra first although quarrel substantiality city interest traffic safety city failed come forward evidence demonstrating billboards actually impair traffic safety san diego indeed joint stipulation facts completely silent issue although plurality hesitates disagree accumulated judgments local lawmakers many reviewing courts billboards real substantial hazards traffic safety ante quick accept legal conclusions cases adequate substitute evidence case banning billboards directly furthers traffic safety moreover ordinance narrowly drawn accomplish traffic safety goal although contains exception signs visible point boundary premises app juris statement billboards visible street nevertheless visible boundary premises exempted regulation prohibition second think city failed show asserted interest aesthetics sufficiently substantial commercial industrial areas san diego doubt within power city determine community beautiful berman parker power may exercised contravention first amendment noted schad city presented evidence immediately apparent matter experience live entertainment poses problems significant associated various permitted uses appear city arrived defensible conclusion unusual problems presented live entertainment substitute word billboards words live entertainment sentence equally apply case doubt true appearance certain areas city enhanced elimination billboards immediately apparent matter experience elimination areas well negligible impact aesthetics see john donnelly sons campbell pettine concurring judgment summarily aff post joint stipulation reveals ome sections city san diego scenic blighted containing strips vehicle related commercial uses contain new attractive office buildings functional industrial development areas contain older useful commercial establishments joint stipulation facts app little doubt jurisdictions easily carry burden proving substantiality interest aesthetics example parties acknowledge historical community williamsburg able prove interests aesthetics historical authenticity sufficiently important first amendment value attached billboards must yield see tr oral arg surprised federal government much trouble making argument billboards entirely banned yellowstone national park existence obviously inconsistent surrounding landscape express view whether san diego large urban areas able meet burden see schad mount ephraim blackmun concurring san diego failed reason strike ordinance iii plurality treatment distinction case mistaken factual analysis san diego ordinance departs precedents part iv opinion plurality concludes san diego ordinance constitutional insofar regulates commercial speech view city merely reasonable justification pick choose commercial billboards allow totally ban commercial billboards part plurality concludes however san diego ordinance whole unconstitutional inter alia affords greater degree protection commercial noncommercial speech use onsite billboards carry commercial messages related commercial use premises freely permitted use otherwise identical billboards carry noncommercial messages generally prohibited insofar city tolerates billboards choose limit content commercial messages city may conclude communication commercial information concerning goods services connected particular site greater value communication noncommercial messages ante importantly agree plurality view ordinance totally banning commercial billboards allowing noncommercial billboards constitutional ordinance raises first amendment problems least serious raised total ban gives city officials right approving billboard determine whether proposed message commercial noncommercial course plurality correct observes cases consistently distinguished constitutional protection afforded commercial opposed noncommercial speech ante errs assuming governmental unit may put position first instance deciding whether proposed speech commercial noncommercial individual cases distinction anything clear making determinations entail substantial exercise discretion city official presents real danger curtailing noncommercial speech guise regulating commercial speech cantwell connecticut reviewed statute prohibiting solicitation money religious groups unless solicitation approved advance secretary public welfare council statute provided relevant part upon application person behalf solicitation secretary shall determine whether cause religious one conforms reasonable standards efficiency integrity shall find shall approve issue authority charge certificate effect upon state official decision nature cause right solicit funds depends availability judicial remedy abuses system licensing still leaves system one previous restraint field free speech press held inadmissible according wide discretion city officials control free exercise first amendment rights precisely consistently troubled long line cases starting lovell griffin see southeastern promotions conrad theatrical performance auditorium shuttlesworth birmingham picketing parading staub city baxley solicitation kunz new york public meetings saia new york supra sound trucks cantwell connecticut supra solicitation schneider state handbills hague cio handbills see also young american mini theatres blackmun dissenting hynes mayor council oradell police dept chicago mosley plurality bifurcated approach fear generate billboard ordinances providing grist future additions list creates discretion none previously existed one thing classify specific cases whether commercial noncommercial speech involved quite another dispositively city regularly purpose deciding messages may communicated way billboards cities equipped make traditional police power decisions see saia new york supra frankfurter dissenting decisions based content speech unhappy see city officials dealing following series billboards deciding ones permit first billboard contains message visit joe ice cream shoppe second joe ice cream shoppe uses highest quality dairy products third joe thinks dairy products good please shop joe shoppe fourth joe says support dairy price supports mean lower prices shoppe san diego padres baseball fans connection team together rent billboard communicate message support san diego padres great baseball team may city decide automobile workers billboard message patriot buy cars commercial therefore forbid sign placed chrysler read recent line commercial cases authorizing sort regular immediate governmental entities anything cases recognize difficulty making determination speech either commercial noncommercial virginia pharmacy board virginia citizens consumer council nothing commercial messages contain great public interest element suggested element however added continued pharmacist example cast commentator disparities drug prices giving competitor proof see little point requiring little difference cf murdock pennsylvania bigelow virginia observed advertisement abortion services placed new york clinic virginia weekly newspaper although part commercial advertisement far viewed entirety advertisement conveyed information potential interest value diverse audience readers possibly need services offered also general curiosity genuine interest subject matter law another state development readers seeking reform virginia mere existence women pavilion new york city possibility typical organizations availability services offered unnewsworthy line ideological nonideological speech impossible draw accuracy lehman city shaker heights brennan dissenting doubt seek convey commercial messages engage imaginative exercises place within safe noncommercial speech time conveying commercial message encouraging behavior make job city officials already inclined ban billboards much difficult potentially intrusive upon legitimate noncommercial expression according joint stipulation facts entered parties purposes summary judgment outdoor advertising presented two basic standardized forms poster panel sign message posted sheets painted bulletin generally sign contains hand painted message message remain one place period time usually month disassembled replaced another message first message moved another sign way hand painted message moved throughout metropolitan area period app sometimes refer billboards containing commercial speech messages commercial billboards billboards containing noncommercial speech messages noncommercial billboards additional exceptions include signs manufactured transported stored san diego long used advertising purposes signs located within areas signs visible boundary premises signs vehicles buses taxicabs signs licensed commercial vehicles temporary subdivision directional signs app juris statement perusal photographs billboards included appendix jurisdictional statement filed reveals wide range noncommercial messages communicated billboards including following welcome san diego home underpaid cops support san diego policy spend money los angeles voluntary integration better education choice support america first environment strike buy shell get us nations outdoor advertising traditionally classified two categories one commentator describes classification outdoor advertising referred sign industry signs manufactured sign contractor premises owned leased controlled sign contractor agent signs used primarily purpose identifying business products services point manufacture distribution sale hence advertising advertising service others erects maintains outdoor advertising displays premises owned leased controlled producer advertising service tocker standardized outdoor advertising history economics outdoor advertising history regulation houck ed different factors come play challenged legislation simply time place manner regulation rather total ban particular medium expression cases cited plurality stands proposition reviewing courts determined billboards real substantial hazards traffic safety cases merely apply minimal scrutiny rational relationship test presumption legislative validity hold unreasonable inconceivable legislature city government conclude billboards traffic hazards example new york state thruway authority ashley motor held perhaps may dispute whether billboards advertising devices interfere safe driving constitute traffic hazard mere disagreement may cast doubt statute validity matters reserved legislative judgment legislative determination expressly announced disturbed unless manifestly unreasonable another reason hesitate accept purported judgment lawmakers billboards traffic hazards recently thought aesthetics alone never sufficient justification support exercise police power aesthetics accompanied traditional health safety morals welfare justification indeed california decision explicitly repudiated holding prior case varney green williams cal held aesthetics insufficient predicate police power action cal therefore case billboard regulations many cities may used justification traffic safety order sustain ordinances true motivation aesthetics hawaii commented state diamond motors haw upholding comprehensive sign ordinance city answering brief admittedly extend supporting proposition aesthetics alone proper objective exercise city police power perhaps weight authority jurisdictions persuaded city present traditional arguments felt safer however brief outdoor circle amicus curiae presents think modern forthright position mindful reasoning courts upheld validity ordinances regulating outdoor advertising need felt find basis economics health safety even morality feel constrained omitted judge pettine comments maine statewide ban even assuming total ban billboards produce aesthetic gain highway areas quantum improvement obviously vary site involved undeveloped areas may well signs billboards principal eyesores benefit great removal return landscape pristine beauty industrial commercial areas however signs billboards one countless types manmade intrusions natural landscape without denying perceptible change better occur even question whether margin improvement obtained areas really justify state decision virtually eradicate commercial speech sign billboard example williamsburg requires building newly constructed altered city shall design character detract value general harmony design buildings already existing surrounding area building located located williamsburg city code appellants argue exception total ban signs undercut goals traffic safety aesthetics city claims paramount therefore invalidate whole ordinance brief appellants obviously city special goals accomplishment conflict overall goals addressed total billboard ban make little sense say city proposition either ban billboards none conclude san diego ordinance impermissibly infringes first amendment rights city failed justify ordinance sufficiently light substantial governmental interests need decide plurality part opinion whether exceptions total ban constitute independent grounds invalidating regulation however city justify total ban allow exception directly furthers interest least important interest underlying total ban exception broader necessary advance special goal exception narrowly drawn impinge little possible overall goal extent exceptions rely distinctions must scrutinized special care san diego billboard ordinance classic example conflicting interests section entitled purpose intent ordinance purpose regulations eliminate excessive confusing sign displays relate premises located eliminate hazards pedestrians motorists brought distracting sign displays ensure signing used identification advertisement preserve improve appearance city place live work intent regulations protect important aspect economic base city preventing destruction natural beauty environment city instrumental attracting nonresidents come visit trade vacation attend conventions safeguard enhance property values protect public private investment buildings open spaces protect public health safety general welfare app juris statement san diego shown fully capable drafting narrow exceptions general ban example city promulgated special regulations sign control la jolla sign control district sign control district intended maintain unique distinctive character economic value la jolla area city san diego regulate advertising commercial enterprises one sign shall permitted lot parcel real estate provided sign shall exceed size part sign shall extend four feet surface ground upon erected likewise express view constitutionality highway beautification act ed supp iii plurality comments city reasonably conclude commercial enterprise well interested public stronger interest identifying place business advertising products services available using leasing available space purpose advertising commercial enterprises located elsewhere ante emphasis added central hudson gas electric public service demands rational basis preferring one kind commercial speech another moreover case present legislation implicating commonsense differences commercial noncommercial speech suggest different degree protection necessary insure flow truthful legitimate commercial information unimpaired linmark associates willingboro quoting virginia pharmacy board virginia citizens consumers council suggestion san diego billboard ordinance designed deal false misleading signs linmark associates willingboro supra course matter marketplace economics ordinance may prove undoing billboard advertising commercial noncommercial may well company able make profit maintaining billboards used solely noncommercial messages although record indicate much appellants income produced noncommercial communicators unreasonable assume bulk customers advertise commercial messages therefore noncommercial users may represent small percentage billboard business impossible stay business based upon patronage alone therefore plurality prescription may represent de facto ban commercial noncommercial billboards another reason analyze case total ban case mere hypotheticals never occur oil chemical atomic workers international union actually placed billboard advertisement stating support america first environment strike buy shell app juris statement see supra exxon placed advertisement shell respond kind justice stevens dissenting part enforced written ordinance issue case eliminate outdoor advertising business city san diego principal question presented therefore whether city may prohibit medium communication instead answering question plurality focuses attention exceptions total ban somewhat ironically concludes ordinance unconstitutional abridgment speech abridge enough speech plurality first holds total prohibition use outdoor advertising display signs commercial messages identifying promoting business located premises sign permissible agree conclusion constitutionality prohibition undercut distinction san diego drawn onsite offsite commercial signs see ante plurality opinion therefore join parts iv justice white opinion however agree reasoning leads plurality invalidate ordinance san diego failed include total ban use billboards commercial noncommercial messages leaving open possibility total ban billboards permissible see ante plurality finds two flaws ordinance first ordinance permits commercial noncommercial use onsite signs improperly afford greater degree protection commercial noncommercial speech ante second ordinance excepts certain limited categories noncommercial signs prohibition city guilty choos ing appropriate subjects public discourse ante although possible future applications san diego ordinance may violate first amendment satisfied ordinance survives challenges appellants standing raise unlike plurality believe case requires us decide question concerning kind signs property owner may display premises however believe necessary confront important question reserved plurality whether city may entirely ban one medium communication affirmative answer question leads conclusion san diego ordinance upheld conclusion affected exceptions principal subject debate plurality chief justice appellants engaged outdoor advertising business parties stipulated critical differences business onsite business signs outdoor advertising presented large standardized billboards display variety commercial noncommercial messages change periodically information record onsite signs advertise businesses goods services available property sign located joint stipulation facts app evidence onsite signs san diego permanent character covered ordinance ever used noncommercial messages ordinance enforced two consequences predictable appellants large profitable outdoor advertising businesses destroyed moreover many persons rent billboards convey commercial noncommercial messages public access equally effective means communication evidence however enforcement ordinance effect whatsoever upon property owner use onsite advertising signs anything record suggest use onsite signs effect outdoor advertising business consumers offsite billboard space appellants course standing challenge ordinance impact commercial operations challenge predicated part first amendment agree plurality justice brennan also standing argue ordinance invalid impact customers persons use billboards communicate public see ante plurality opinion agree however standing assert purely hypothetical claims property owners whose onsite advertising entirely unaffected application ordinance issue case case involves use permanent signs areas zoned commercial industrial purposes conceivable eccentric businessman might want use permanent sign commercial property display noncommercial message record however discloses use past seems safe assume uses future best infrequent rather speculate hypothetical cases may presented property owners judge ordinance basis effect outdoor advertising market save another day questions concerning possible effect entirely separate market situations constitutional rights may asserted vicariously represent exceptions one fundamental principles constitutional adjudication explanation principle broadrick oklahoma omitted merits emphasis repetition embedded traditional rules governing constitutional adjudication principle person statute may constitutionally applied heard challenge statute ground may conceivably applied unconstitutionally others situations see austin aldermen wall supervisors stanley hatch reardon yazoo jackson vinegar wurzbach carmichael southern coal coke raines closely related principle constitutional rights personal may asserted vicariously see mcgowan maryland principles rest fussiness judges reflect conviction constitutional system courts roving commissions assigned pass judgment validity nation laws see younger harris constitutional judgments chief justice marshall recognized justified necessity adjudicating rights particular cases litigants brought law opposition constitution law constitution apply particular case must either decide case conformably law disregarding constitution conformably constitution disregarding law must determine conflicting rules governs case essence judicial duty marbury madison cranch past recognized limited exceptions principles weighty countervailing policies raines although laws broadly worded may deter protected speech unknown extent comes point effect best prediction confidence justify invalidating statute face prohibiting state enforcing statute conduct admittedly within power proscribe cf alderman put matter another way particularly conduct merely speech involved believe overbreadth statute must real substantial well judged relation statute plainly legitimate sweep view substantially overbroad whatever overbreadth may exist cured analysis fact situations sanctions assertedly may applied omitted ii regulation economic market may either enhance curtail free exchange goods services may regulation communications market sometimes facilitate sometimes inhibit exchange information ideas impressions procedural rules deliberative body designed improve quality debate cases upholding regulation time place manner communication decided implicit assumption net effect regulation free expression adverse case however assumption indulged parties stipulated correctly view net effect city ban billboards reduction total quantity communication san diego ban enforced present users billboards able communicate future effectively ordinance therefore sustained assumption remaining channels communication effective persons communications marketplace includes thousand large billboards available hire unequivocal language first amendment prohibits law abridging freedom speech language surely read foreclose law reducing quantity communication within jurisdiction convinced however reading incorrect conviction supported hypothetical example prior cases appraisal healthy character communications market archaeologists use term graffiti describe informal inscriptions tombs ancient monuments graffito familiar culture egypt greece italian decorative art century survives today subways walls public buildings inexpensive means communicating political commercial frivolous messages large numbers people creators graffiti effective alternative means publicly expressing nevertheless believe community right decide interests protecting property damaging trespasses securing beautiful surroundings outweigh countervailing interest uninhibited expression means words pictures public places first amendment categorically protected marketplace ideas quantitative restraint municipality outlaw graffiti prior decisions inconsistent proposition whether one interprets decision kovacs cooper upholding total ban use sound trucks merely ban loud raucous use amplifiers case least stands proposition municipality may enforce rule curtails effectiveness particular means communication even dissenting justices case thought obvious cities may restrict absolutely ban use amplifiers busy streets business area black joined douglas rutledge dissenting kovacs believe forecloses claim prohibition billboards must fall simply limiting effect communications market therefore assume total prohibitions may permissible seems accepted zoning regulation excluding billboards residential neighborhoods justified interest maintaining pleasant surroundings enhancing property values interests work commercial industrial zones reasonable men may assign different weights conflicting interests constitutional terms believe essential inquiry throughout city whether ban limited residential areas entire city except unsightly sections citywide unquestionably limit quantity communication moreover interests served ban equally legitimate substantial parts city interests psychological economic character environment affects property values quality life suburban resident equally individual toils factory invests capital industrial properties legitimacy interests supporting citywide zoning plan designed improve entire municipality beyond dispute judgment constitutionality prohibition outdoor advertising involves two separate questions first reason believe regulation biased favor one point view another subtle method regulating controversial subjects may placed agenda public debate second fair conclude market remains open communication popular unpopular ideas ample threatened gradually increasing restraints case even hint bias censorship city actions reason believe overall communications market san diego inadequate indeed may well true san diego metropolitan areas volume communication excessive public presented many words pictures recognize worthy attention event agree chief justice nothing record suggests ordinance poses threat interests protected first amendment iii one persuaded wholly impartial total ban billboards permissible difficult understand exceptions san diego ordinance present additional threat interests protected first amendment plurality suggests exceptions based part subject matter noncommercial speech city somehow choosing permissible subjects public debate see ante suggestion consistent broad dictum consolidated edison public service withstand analysis case essential concern embodied first amendment government impose viewpoint public select topics public debate permissible san diego ordinance simply implicate concern although consolidated edison broadly identified regulations based subject matter speech impermissible regulations essential first amendment concerns implicated case government attempting limit discussion controversial topics see thus shaping agenda public debate neutral exceptions san diego ordinance present danger extent exceptions relate subject matter find suggestion face ordinance san diego attempting influence public opinion limit public debate particular issues except provision allowing signs used political campaign purposes limited periods see none exceptions even arguably relates controversial subject matter whole allow greater dissemination information occur total ban moreover surely reasonable city conclude exceptions clocks thermometers historic plaques like lesser impact appearance city typical large billboards exception political campaign signs presents different question must assume signs may unsightly hazardous offsite billboards nevertheless fact community places special value allowing additional communication occur political campaigns surely consistent interests first amendment designed protect course reason believe billboards especially useful one political party candidate exception suspect nothing sort suggested record aggregate therefore seems exceptions ordinance cause less serious effect communications market total ban sum agree chief justice nothing rather doctrinaire application broad statements made contexts may support conclusion ordinance unconstitutional includes limited group exceptions neither separately aggregate compromise zealous adherence principle government may tell citizen may may say young american mini theatres opinion stevens none exceptions even arguably conditioned upon sovereign agreement speaker may intend say ibid accordingly reasons stated greater detail chief justice respectfully dissent parties stipulated see joint stipulation facts app quoted infra effect justice white reaction exceptions total ban justice brennan concern city attempt differentiate commercial noncommercial messages although conclusions purportedly rest character abridgment rather simply quantity ordinance define term outdoor advertising display signs california adopted following definition avoid overbreadth problems rigidly assembled sign display device permanently affixed ground permanently attached building inherently permanent structure constituting used display commercial advertisement public cal practical matter plurality may well approving total ban billboards least offsite billboards seems unlikely outdoor advertising industry able survive customers persons organizations wish use billboards convey noncommercial messages see ante brennan concurring judgment parties stipulation described differences difference outdoor advertising business business signs signs advertise businesses goods services available property sign located hand outdoor advertising businesses lease real property erect signs thereon made available national local advertisers commercial political social messages outdoor advertising different advertising outdoor advertising sign seldom advertises goods services sold made available premises sign located outdoor advertising sign seldom advertises products services sold made available owner sign outdoor advertising sign generally speaking made available fashion similar newspaper broadcasting advertising forum communication messages public copy outdoor advertising sign changes usually monthly example particular sign may advertise local savings loan association one month candidate mayor next month san diego zoo third month new car fourth month union grievance fifth month joint stipulation facts app physical characteristics outdoor advertising signs established stipulation outdoor advertising presented two basic standardized forms poster panel sign message posted sheets painted bulletin generally sign contains hand painted message joint stipulation facts app california narrowing construction ordinance see supra makes applicable rigidly assembled permanent signs reason plurality able state deals law billboards ante parties stipulated economic effects ordinance enforced written ordinance eliminate outdoor advertising business city san diego plaintiffs outdoor advertising displays produce substantial gross annual income enforcement ordinance prevent plaintiffs engaging outdoor advertising business city san diego cause plaintiffs suffer substantial monetary losses joint stipulation facts nos app stipulation parties agreed san diego ordinance limit ability billboard users communicate messages public outdoor advertising increases sales products produces numerous direct indirect benefits public valuable commercial political social information communicated public use outdoor advertising many businesses politicians persons rely upon outdoor advertising forms advertising insufficient inappropriate prohibitively expensive joint stipulation facts app evidence total elimination outdoor advertising business economic effect manufacturers onsite signs see justice brennan opinion concurring judgment ante appellants outdoor advertising displays san diego see joint stipulation facts app signs located areas zoned commercial industrial uses joint stipulation facts app california narrowing construction ordinance specifically intended exclude coverage ordinance signs different commercial billboards picket sign announcing labor dispute small sign placed one front yard proclaiming political religious message cal see mcgowan maryland general rule litigant may assert constitutional rights immunities see dombrowski pfister gooding wilson keyishian board regents shuttlesworth birmingham even dissenting justices broadrick although disagreed refusal apply overbreadth doctrine case acknowledged overbreadth challenge entertained every case raising first amendment issues never held statute held invalid face merely possible conceive single impermissible application sense requirement substantial overbreadth already implicit doctrine brennan joined stewart marshall dissenting indeed parties stipulated onsite advertising differs significant respects outdoor advertising business appellants engaged see supra ironically today plurality invalidates ordinance broad rather broad enough assumes purpose decision repeal exceptions including exception onsite advertising cure defects finds present ordinance see ante however neither appellants onsite advertisers derive benefits repeal exception onsite commercial signs plurality reliance overbreadth doctrine support vicarious standing case curious indeed compare chicago board trade trenton potteries record makes clear business operating billboards prospered san diego obvious medium effective others forms communication see supra see nn supra see generally read classic american graffiti reisner graffiti two thousand years wall writing pritchard english medieval graffiti opinion announcing judgment justice reed wrote people may easily cheaply reached sound trucks perhaps borrowed without cost zealous supporter enough call forth constitutional protection charged public welfare reasonably think nuisance easy means publicity open excerpt justice black dissent course sufficient evidence tell us whether upheld city total ban billboards seem clear however adopt absolute position reduction quantity effective communication categorically prohibited first amendment full paragraph quoted phrase appears reads aware blare new method carrying ideas susceptible abuse may certain circumstances constitute intolerable nuisance ordinances drawn adequately protect community unreasonable use public speaking devices without absolutely denying community citizens information may disseminated received new avenue trade ideas agree without reservation sentiment unrestrained use throughout municipality sound amplifying devices intolerable course cities may restrict absolutely ban use amplifiers busy streets business area city ordinance reasonably restricts volume sound hours amplifier may used mind infringe constitutionally protected area free speech ordinance none things instead absolute prohibition uses amplifier streets trenton time must dissent decisions invalidating ordinances prohibiting regulating solicitation leafletting contrary cases state interests ordinances purported serve instance prevention littering fraud indirectly furthered regulation communicative activity see schneider state martin city struthers cantwell connecticut schaumburg citizens better environment many cases ordinances provided licensing scheme rather blanket prohibition discretion thus placed hands municipal officials found constitutionally offensive risk censorship see schneider supra hague cio opinion roberts lovell griffin cantwell supra addition many cases involved solicitation efforts jehovah witnesses see lovell supra jamison texas schneider supra martin supra cantwell supra properly sensitive risk ordinances used suppress unpopular viewpoints case plurality acknowledges ban billboards directly serves indeed necessary city legitimate interests traffic safety aesthetics see ante san diego ordinance places discretion municipal officials reason suspect ordinance designed applied suppress unpopular viewpoints seems fair infer justice douglas cast deciding vote lehman city shaker heights approved prohibition billboards see opinion concurring judgment drawing analogy billboards advertising municipal vehicles justice douglas noted view right commuters free forced intrusions privacy precludes city transforming vehicles public transportation forums dissemination ideas upon captive audience ordinance exceptions quoted ante opinion white based subject matter speech several exceptions disregarded pertain signs within coverage ordinance rate light california limiting construction see supra exceptions relating vehicular signs fall category see exceptions signs transit storage see temporary subdivision directional signs see exception sale signs also appears describe signs covered ordinance since signs ordinarily permanently affixed ground permanently attached building remaining exceptions two based location rather content signs see third permits signs required law otherwise erected discharge governmental functions see thus four exceptions actually based way subject matter signs issue see chief justice burger dissenting today takes extraordinary even bizarre step severely limiting power city act risks perceives traffic safety environment posed large permanent billboards joining plurality opinion invalidate city effort minimize traffic hazards eyesores simply exercising rational legislative judgment chosen permit narrow class signs serve special needs relying simplistic platitudes content subject matter dearth means communicate billboard industry attempts escape real growing problems every municipality faces protecting safety preserving environment urban area disposition serious issues involved exhibits insensitivity impact billboards must live delicacy legislative judgments involved regulating american cities desiring mitigate dangers mentioned must matter federal constitutional law elect two unsatisfactory options allowing noncommercial signs matter many dangerous damaging environment forbidding signs altogether indeed lurking recesses today opinions threat second option may soon withdrawn long arm voracious appetite federal power time judicial power vengeance reaching absorbing traditional concepts local authority case presents first occasion address constitutionality billboard regulation local government fear joining today disposition become mesmerized broad controlling language appearing prior opinions torn original setting overlook cogent admonition avoid mechanically apply ing doctrines developed contexts unique situation presented ordinance calls cases area often careful inquiry competing concerns state interests protected guarantee free expression young american mini theatres powell concurring really relevant whether san diego ordinance viewed regulation regarding time place manner total prohibition medium exceptions defined part content regardless label give discussing simple basic question authority local government protect citizens legitimate interests traffic safety environment eliminating distracting ugly structures buildings roadways define billboards actually pose danger decide whether certain instances public need information outweighs dangers perceived billboard industry superficial sloganeering substitute analysis plurality opinion opinion concurring judgment adopt much approach uncritically general constitutional principles indeed apply case ultimately must depend specific facts erznoznik city jacksonville level protection generally afforded medium speaker chooses held past week heffron first amendment guarantee right communicate one views times places manner may desired emphasis added justice black speaking adderley florida emphasis added vigorously forthrightly rejected notion people want propagandize protests views constitutional right whenever however wherever please kovacs cooper supra upheld municipal ordinance totally banned sound trucks town borders media available difficulty distinguishing saia new york decided seven months earlier invalidated ordinance requiring permit local police chief using sound truck danger seen saia allowing single government official regulate medium communication attendant risk decision based message medium ordinance kovacs however afford kind potential censorship held violate first amendment plurality opinion reed justice frankfurter concurring expressed point broadly long legislature prescribe ideas may noisily expressed may discriminate among make inroads upon public peace us supervise limits legislature may impose safeguarding steadily narrowing opportunities serenity reflection later chief justice warren speaking observed hen speech nonspeech elements combined course conduct sufficiently important governmental interest regulating element justify incidental limitations first amendment freedoms plurality also recognizes ante means city selected advance goals sensible exceed necessary eradicate dangers seen distraction motorists perceived harm authorities reasonably conclude billboard adds dangers moving traffic obviously billboard industry erect message carriers catch eye traveler addition legislative body reasonably conclude every large billboard adversely affects environment destroys unique perspective landscape adds visual pollution city pollution limited air breathe water drink equally offend eye ear means chosen effectuate legitimate governmental interests select matters legislative judgment controlled public opinion kovacs cooper frankfurter concurring plurality ignores seminal opinions kovacs substituting judgment city officials disallowing ban one offensive intrusive means communication means available although must ensure regulation speech sufficiently substantial government interest schad mount ephraim supra given reasonable approach perceived problem duty make primary policy decisions instead determine whether legislative approach essentially neutral messages conveyed leaves open adequate means conveying messages essence democracy federalism gravely damage undertake throttle legislative discretion judgment grass roots system process eradicating perceived harms ordinance sense suppresses freedom expression either discriminating among ideas topics suppressing discussion generally san diego attempted suppress particular point view category messages censored information banned thought see police dept chicago mosley attempt ed give one side debatable public question advantage expressing view people first national bank boston bellotti omitted see madison school district wisconsin employment relations suggestion danger city permitted narrow categories signs forbidden vast majority merely public officials disapprove speaker view niemotko maryland frankfurter concurring result moreover aside narrow essentially negligible exceptions see infra san diego differentiated regard topic see consolidated edison public service carey brown first national bank bellotti supra police dept chicago mosley supra city undertaken determine paternalistically information relevant gertz robert welch quoting rosenbloom metromedia marshall dissenting messages conveyed san diego billboards whether commercial political social religious inseparable billboards carry messages reach equally large audience variety media newspapers television radio magazines direct mail pamphlets etc true methods may cheap billboards suggestion billboards heretofore advanced particular viewpoint issue disproportionately advertising generally thus ideas billboard advertisers presenting relatively disadvantaged messages heretofore chosen methods spreading views see first national bank bellotti supra see also martin struthers borders frivolous suggest san diego ordinance infringes freedom expression given wide range alternative means available bizarre twist logic plurality seems hold san diego recognized hardships ordinance certain special needs citizens therefore exempted narrowly defined classes signs ordinance scope example onsite signs identifying places business signs commemorative historic plaques ordinance violates first amendment dubious premises plurality given every city town village country desiring respond hazards posed billboards choice previously noted two equally unsatisfactory alternatives banning signs kind whatsoever permitting noncommercial signs matter numerous large damaging environment dangerous motorists pedestrians ordinance differentiate among topics simply allows noncontroversial things conventional signs identifying business enterprise signs historical markers sale signs borders trespasses frivolous suggest allowing signs forbidding noncommercial billboards city infringed freedom speech ignores recognized police dept chicago mosley may sufficient regulatory interests justifying selective exclusions distinctions exception city either acknowledging unique connection medium message conveyed see linmark associates willingboro sale signs promoting legitimate public interest information similarly instance city reasonably conclude balance safety aesthetic concerns one hand need communicate tipped opposite way important instance exempted topic controversial rational debate example time temperature existence offer sale identity business establishment danger san diego setting agenda public discussion simply de minimis nonexistent plurality today trivializes genuine first amendment values hinging holding city decision allow signs preventing others constitute vast majority genre thus despite plurality unique focus confronted ordinance like one saia new york vested single official local police chief unlimited discretion grant deny licenses sound trucks annoyance ideas cloaked annoyance sound power censorship inherent type ordinance reveals vice accord shuttlesworth birmingham staub city baxley lovell griffin see also consolidated edison public service stevens concurring judgment allegation danger san diego using billboard ordinance mask promoting deterring viewpoint issue public debate ordinance precisely sense regulation upheld last week heffron international society krishna consciousness open kind arbitrary application condemned discretion potential becoming means suppressing particular point view san diego simply exercising police power provide environment tranquility safety much residual beauty modern metropolitan area achieve city simultaneous recognition need certain exceptions permitting limited forms communication purely factual nature neutral speaker wholly deprive city ability address balance problem threat profound national commitment principle debate public issues uninhibited robust new york times sullivan case creates plurality suggests hierarchy types speech one type actually protected legislative judgment constitution compels judgment exercised favor types ranking higher list city chooses impose looser restrictions one area another analogous area even one constitution narrowly constrains legislative discretion neither undermines constitutionality regulatory scheme renders legislative choices ipso facto irrational city thereby conced communicative interests stronger competing interests esthetics traffic safety ante declined one area exercise powers full extent constitution permits constitution require governmental entity reach limit permissible regulation solely chosen related area cf williamson lee optical legislature may select one phase one field apply remedy neglecting others plurality today confuses degree constitutional protection strictness test applied outcome legislative judgment allowing communication certain commercial ideas via billboards forbidding noncommercial signs altogether city necessarily place greater value commercial speech situations city simply recognizing greater latitude distinguish among various forms commercial communication distinctions impermissible undertaken regard noncommercial speech indeed adequate alternative channels communication readily available message may freely conveyed means city arguably faithful constitution treating noncommercial speech attempting impose classifications noncommercial commercial areas undertake kind balancing content judgment noncommercial speech permitted commercial speech far likely run afoul first amendment thus may consistent first amendment hold city may perhaps must take approach noncommercial speech yet remain free adopt selective exceptions commercial speech long latter advance legitimate governmental interests indeed precisely city range choice area noncommercial speech evaluate strength distinguish various communicative interests ante city commended condemned treating noncommercial speech today unleashes novel principle unnecessary indeed alien first amendment doctrine announced earlier cases justice stevens cogently observes plurality somewhat ironically concludes ordinance unconstitutional abridgment speech abridge enough speech ante emphasis added plurality gravely misconstrues distinction earlier cases holds preferred position noncommercial speech compels city impose greater limits commercial noncommercial speech today leaves modern metropolis series hobson choices rejects basic concepts federalism denying every community important powers reserved people constitution indeed exercise raw judicial power doe bolton white dissenting far removed high purposes first amendment example limited spectrum available peculiar intrusiveness medium broadcasting subject limitations intolerable applied forms communication fcc pacifica foundation compare red lion broadcasting fcc miami herald publishing tornillo reason certain media may mix form substance communication permissible range regulation correspondingly narrower message completely separable medium used convey congress recognized dangers safety environment posed billboards highway beautification act provides part congress hereby finds declares erection maintenance outdoor advertising signs displays devices areas adjacent interstate system primary system controlled order protect public investment highways promote safety recreational value public travel preserve natural beauty emphasis added parties stipulated billboards come two basic standardized forms joint stipulation facts app indeed streets may places tranquility heffron international society krishna consciousness trial parties stipulated many businesses politicians persons rely upon outdoor advertising forms advertising insufficient inappropriate prohibitively expensive joint stipulation facts app sweeping conclusory rather vague generalization nothing explain media insufficient inappropriate expensive important stipulation suggest particular point view issue suppressed elimination billboards indeed plurality acknowledges city may undertake kind balancing see city reasonably conclude commercial enterprise well interested public stronger interest identifying place business advertising products services available using leasing available space purpose advertising commercial enterprises located elsewhere ante justice brennan recognizes ante plurality treatment ordinance may well create danger plurality appears willing allow municipal officials determine noncommercial speech indeed lehman city shaker heights upheld municipal policy allowing commercial political advertising city buses agree plurality lehman ha application ante although lehman dealt limited space leased city case deals municipal regulation privately leased space constitutional principle city may forgo lurking doubts favoritism granting space necessarily political advertisers plurality opinion blackmun constitutional dangers arise allocating space among commercial advertisers see supra city permit onsite noncommercial billboards one imagine challenge based argument favors views persons afford property commercial districts see supra intimate view whether accept argument case ever arise justice rehnquist dissenting agree substantially views expressed dissenting opinions chief justice justice stevens make two additional observations case city planning commissions zoning boards must regularly confront constitutional claims sort genuine misfortune treatment subject virtual tower babel definitive principles clearly drawn regret even keenly contribution judicial clangor find none views expressed opinions written case come close enough mine warrant necessary compromise obtain opinion view aesthetic justification alone sufficient sustain total prohibition billboards within community see berman parker regardless whether particular community historical community williamsburg one unsightly older parts many major metropolitan areas areas prevented taking steps correct best may mistakes predecessors believe limited exceptions contained san diego ordinance types render statute unconstitutional closest one exception permitting billboards political campaigns treat virtually exception effect aesthetics city periods immediately prior campaign seems reasonable outlet limited time free expression first fourteenth amendments designed protect unlike justice brennan think city put task convincing local judge elimination billboards negligible impact aesthetics nothing experience bench led believe judge better position city county commission make decisions area aesthetics therefore little gained area constitutional law much lost process democratic decisionmaking allowing individual judges city city legislative administrative determinations