City of Ladue v. Gilleo, 512 U.S. 43, 9 (1994)

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

Opinion of the Court

effect restricts too little speech because its exemptions discriminate on the basis of the signs' messages. See Metro-media, 453 U. S., at 512-517 (opinion of White, J.). Alternatively, such provisions are subject to attack on the ground that they simply prohibit too much protected speech. See id., at 525-534 (Brennan, J., concurring in judgment). The City of Ladue contends, first, that the Court of Appeals' reliance on the former rationale was misplaced because the City's regulatory purposes are content neutral, and, second, that those purposes justify the comprehensiveness of the sign prohibition. A comment on the former contention will help explain why we ultimately base our decision on a rejection of the latter.

III

While surprising at first glance, the notion that a regulation of speech may be impermissibly underinclusive is firmly grounded in basic First Amendment principles.9 Thus, an exemption from an otherwise permissible regulation of speech may represent a governmental "attempt to give one side of a debatable public question an advantage in expressing its views to the people." First Nat. Bank of Boston v. Bellotti, 435 U. S. 765, 785-786 (1978). Alternatively, through the combined operation of a general speech restriction and its exemptions, the government might seek to select the "permissible subjects for public debate" and thereby to "control . . . the search for political truth." Consolidated Edison Co. of N. Y. v. Public Serv. Comm'n of N. Y., 447 U. S. 530, 538 (1980).10

9 Like other classifications, regulatory distinctions among different kinds of speech may fall afoul of the Equal Protection Clause. See, e. g., Carey v. Brown, 447 U. S. 455, 459-471 (1980) (ordinance that forbade certain kinds of picketing but exempted labor picketing violated Clause); Police Dept. of Chicago v. Mosley, 408 U. S. 92, 98-102 (1972) (same).

10 Of course, not every law that turns on the content of speech is invalid. See generally Stone, Restrictions of Speech Because of its Content: The Peculiar Case of Subject-Matter Restrictions, 46 U. Chi. L. Rev.

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