City of Ladue v. Gilleo, 512 U.S. 43, 7 (1994)

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Cite as: 512 U. S. 43 (1994)

Opinion of the Court

signs, Ladue has exempted such signs from an otherwise virtually complete ban. Moreover, whereas in Linmark we noted that the ordinance was not concerned with the promotion of esthetic values unrelated to the content of the prohibited speech, id., at 93-94, here Ladue relies squarely on that content-neutral justification for its ordinance.

In Metromedia, we reviewed an ordinance imposing substantial prohibitions on outdoor advertising displays within the city of San Diego in the interest of traffic safety and esthetics. The ordinance generally banned all except those advertising "on-site" activities.7 The Court concluded that the city's interest in traffic safety and its esthetic interest in preventing "visual clutter" could justify a prohibition of off-site commercial billboards even though similar on-site signs were allowed. 453 U. S., at 511-512.8 Nevertheless, the Court's judgment in Metromedia, supported by two different lines of reasoning, invalidated the San Diego ordinance in its entirety. According to Justice White's plurality opinion, the ordinance impermissibly discriminated on the basis of content by permitting on-site commercial speech while broadly prohibiting noncommercial messages. Id., at 514-515. On

7 The San Diego ordinance defined "on-site signs" as "those 'designating the name of the owner or occupant of the premises upon which such signs are placed, or identifying such premises; or signs advertising goods manufactured or produced or services rendered on the premises upon which such signs are placed.' " Metromedia, Inc. v. San Diego, 453 U. S., at 494. The plurality read the "on-site" exemption of the San Diego ordinance as inapplicable to noncommercial messages. See id., at 513. Cf. id., at 535- 536 (Brennan, J., concurring in judgment). The ordinance also exempted 12 categories of displays, including religious signs; for sale signs; signs on public and commercial vehicles; and " '[t]emporary political campaign signs.' " Id., at 495, n. 3.

8 Five Members of the Court joined Part IV of Justice White's opinion, which approved of the city's decision to prohibit off-site commercial billboards while permitting on-site billboards. None of the three dissenters disagreed with Part IV. See id., at 541 (Stevens, J., dissenting in part) (joining Part IV); id., at 564-565 (Burger, C. J., dissenting); id., at 570 (Rehnquist, J., dissenting).

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