Mobile Billboard Ban Under Consideration
What the hell!!! Where have we seen the useless state legislature start to restrict the first amendment.
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Read more: http://www.sacbee.com/2010/03/31/264...#ixzz0jngkDbwD http://www.sacbee.com/2010/03/31/264...illboards.html |
It's true
All those big billboards that Clear Channel put up, all those lighted flashing rotating billboards across the state that are springing up in front of colleges, alongside state highways, an on city owned lands are not a problem or causing distraction, but free speech...that's a problem Quote:
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What I question is what is considered advertising? That's the question. Making a statement is not advertising. I know here where I live you can't put up a sign or billboard advertising a commercial product or business without the cities permission or against the codes, but political ads are exempt. Are statements that serve no commercial gain, exempt?
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It is per se unconstitutional. Ayatolla's sign is not commercial speech, but pure political speech.
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relating to mobile billboard advertising displays .
any mobile billboard advertising (a) No person shall park a mobile billboard advertising display in a public place within a city or county, other than a parking lot or parking garage. (b) For purposes of this chapter, "[I]mobile billboard advertising display"[/I] means any advertising display that is attached to a wheeled conveyance, or is otherwise mobile, that carries, pulls, or transports any sign or billboard for the primary purpose of advertising. The prohibition contained in subdivision (a) shall not apply to a vehicle that displays an advertisement or identifies the business of its owner, so long as the vehicle to which the advertising display is attached is engaged in the usual business or regular work of the owner and is not parked for the primary purpose of advertising. By its language the bill is limited to "advertising." This is commercial speech, not political speech. |
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Sacramento is already getting ready to try and censor because they know the Dems are gonna get blasted by signs all over California during this election year. What's next? no bumper stickers.
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So the governor signed this ban into law. I call it a ban, because it is written differently from what the intent was...as is usual when the legislature wants to pass something without drawiung the ire of affected people.
The law now empowers municipalities to outlaw sign trailers that when "advertisement" in their primary purpose. In addition, the law's chief proponent in the state legislature stated that it was aimed at unhitched trailers, but then went on to omit that portion from the code itself. This will, of course, allow the municipalities to broadly interpret it and let the victim fight their way out of it in court. What I'm unsure of is whether it will fall under the parking ticket scam or not. They also criminalized it if a muni elects to do so, meaning it can carry jail time if they charge it that way. I think we can thank a real ass for inspiring this too. the guy that Dennis Zine was aiming at took this form of advertising to the maximum level of provocation by placing multiple little trailers in a row on city streets, and just abandoning them there. To add to that, this guy is another one of those "businessmen" that is hell bent on using the court system to make up for his apparent inability to please his customers. He's got numerous lawsuits, as well as internet pages chock full of warnings from unsatisfied clients. I hate having to be lumped in with the unadmirable, but I have to oppose this unjust law. The state and the munis are now doing the bidding of the big advertising lobby. The advertisers are cornering the outdoor market, and already dominate the airwaves and cable. What was left was public property, and for anyone paying attention, they have already connived their way into exclusive contracts for the outdoor advertising on schools, city, and county owned property. I'd like to say that we were safe in doing first amendment events with this, but I fear that it will be another one of those situations that we will be ticketed and forced to pay fines while appeals work their way up to judges appointed by the same mentalities that brought and signed these laws into practice in the first place. |
How about all those election campaign signs still tacked up everywhere?
Those are as obnoxious and blight contributing as anything else. I have to agree that the "infraction" gimmick is way out of hand. The judge gets paid out of fines and assessments, and with no jury to hold him back the situation encourages him to be prosecutor as well. Appeal? No retrying the case, just a review of procedural correctness - getting screwed by the book. Quote:
Which of those idiots proposed this legislation, and who were the others who went along with it? We still have a gaping deficit and unemployment is still astronomical in my kneck of the woods, and they have the time to mess with this? |
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