Naser Jewelers Case Study

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The city of Concord amended the ordinance in 2007 and prohibited all electronic signs regardless the content displayed. The new amendment of EMCs didn’t distinguish between non-commercial and commercial speech. The new ban of all electronic signs was challenged in 2008 by Naser Jewelers in the case Naser Jewelers, Inc. v. City of Concord, 513 F.3d 27 (2008). The court held that the complete ban on electronic message centers was a content-neutral exercise of the police power. The regulation was not aiming to suppress or advance a particular viewpoint and that served a legitimate governmental interest. The plaintiff argued that the regulation didn’t serve that purpose because the city of Concord failed to provide detailed information demonstrating that electronic message centers would adversely affect traffic safety. Court opinion was that the city of Concord doesn’t have to provide detailed proof that the sign regulation improves or advances safety and aesthetics. According to the court it is within a municipal authority to determine if a particular …show more content…

First of all, there is often too much discretion in permitting and despite the fact, that an approval of a sign is required, no specific rules are stated. Quite often digital sign regulation deviate from the solid rules of place, time and manner. Municipalities also often grant variances which consequently lead to an erosion and effectiveness of the regulation. One of the most sensitive areas of any sign regulation is whether the ordinance differentiates or otherwise favors commercial speech over noncommercial speech. The sign regulation often includes a substitution clause that allows usage of on-premise commercial signs for non-commercial speech. If a sign ordinance doesn’t include this clause, it can be challenged because favors commercial speech and therefore can be struck down for its unconstitutionality. (Mandelker,

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