Tuesday, December 24, 2013

City of Ladue v. Gilleo case brief

City of Ladue v. Gilleo case brief summary
512 U.S. 43 (1994)

Petitioners sought review of the judgment of the United States Court of Appeals for the Eighth Circuit declaring a city ordinance unconstitutional in violation of the First Amendment (U.S. Constitutional Amendment I) right to free speech.

Respondent, a city resident, filed an action against petitioners alleging that the city's sign ordinance violated her First Amendment (U.S Constitutional AmendmentI) right of free speech. The ordinance prohibited homeowners from displaying any signs on their property except residence identification signs, for sale signs, and signs warning of safety hazards. However, the ordinance permitted commercial establishments, churches, and nonprofit organizations to erect certain signs that were not allowed at residences.

  • On writ of certiorari, the court held that it was not persuaded that adequate substitutes existed for the important medium of speech that the city ordinance closed off. 
  • The court determined that the government's need to temperate speech from the home was much less pressing than its need to mediate among various competing uses for public streets and facilities.
The court affirmed the judgment of the court of appeals declaring the city ordinance unconstitutional in violation of the First Amendment.

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