The Fourteenth Amendment makes the First Amendment’s freedom-of-speech provision applicable to states and their political subdivisions. While many sign codes begin as content neutral “time, place, and manner” regulations (or “police power” exercises), further analysis often reveals the ordinance violates First Amendment “free speech” guarantees. Even in cases where the subject ordinance is not per se […]
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Fifth Amendment Application to Sign Control
The Fifth Amendment applies to the states through the Fourteenth Amendment. It contains two guarantees: The “due process” clause, as in the Fourteenth Amendment, protects citizens from government action that arbitrarily deprives them of a fundamental right without due process of law, and it applies to both the act itself and the procedures incidental to […]
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Signs, Legal Rights and Aesthetic Considerations (1972)
There are three general ways in which cultural constraints are enforced: through the use of police powers, eminent domain and taxation. Download Signs. Legal Rights and Aesthetic Considerations
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Cases on Sign Law (1975)
The exercise of power to regulate signs is not unlimited. This comprehensive look at the case law relating to signs. Download Cases on Sign Law.
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What’s Your Signage? (2004)
How On-Premise Signs Help Small Businesses Tap into a Hidden Profit Center A handbook developed by The New York State Small Business Development Center and the Signage Foundation for Communications Excellence. Download What’s Your Signage?
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Analysis of Legal and Legislative Strategies
The following article originally appeared in the August 1987 issue of Signs of the Times magazine. By R. James Claus, Ph.D., Karen E. Claus, Ph.D. Donald W. Large, L.L.B. The history of sign-control legislation shows that certain approaches are successful and produce fair regulation, which benefits the entire community. Industry representatives who utilize positive strategies […]
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Is Blockbuster Decision a Blockbuster?
Here’s a Video Update on the case of trademarked logos and signs in Tempe, AZ The following article originally appeared in the July 1998 issue of Signs of the Times magazine. By Wade Swormstedt A federal appellate court has upheld the Lanham Act and concurred with a lower-court ruling that the City of Tempe must […]
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Senator Orrin Hatch Discusses Signs and Property Rights
Excerpts from Sen. Orrin Hatch’s keynote address at the National Sign Users’ Conference on Sign Regulation and Marketing The following article originally appeared in the August 1998 issue of Signs of the Times magazine. By Wade Swormstedt “I believe government regulation [of signs] has been burdensome, often times unconstitutional.” At the Intl. Sign Assn.’s (ISA) […]
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Supreme Court Ruling Strengthens Just Compensation
The following article originally appeared in the August 1987 issue of Signs of the Times magazine. The Fifth Amendment guarantees that private property shall not “be taken for public use, without just compensation.” Those words have caused much heated debate and litigation ever since they were written. In a 6-3 decision on June 9, 1987 the Supreme […]
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Bob Aran Reflects on 30-year Sign-Legislation Career
The following article originally appeared in the February 2004 issue of Signs of the Times magazine. Were you an attorney first, who became interested in sign codes, or did you have an interest in signs that ended up being sign-code based? I majored in interpersonal relationships (literary related) during my undergraduate work at Pepperdine University. […]
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