Can a city put a ban on posting signs on a vehicle that is parked?
Full Question:
Answer:
If a law is so overbroad or vague that it prevents persons from knowing what actions are prohibited, it may violate due process rights. If a law is selectively enforced against a class of people based on race, sex, gender, religion, nationality, handicap, or age, it may be unconstitutional discrimination, because these types of classifications are afforded special protection under the law. However, classes of people defined by business type, retailer status, revenues, etc., don't have the same equal protection of the law.
The First Amendment permits governmental regulation of commercial speech so long as the government's interest in doing so is substantial (e.g., the prohibition of false, deceptive, and misleading advertisements), the regulations directly advance the government's asserted interest, and the regulations are no more extensive than necessary to serve that interest. It will be a matter of subjective determination for the court to decide if the ordinance is constitutional, based on all the facts and language of the ordinance involved.