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Friday, June 29, 2007

The right to hawk

Free speech won a victory out in suburban Glendale.

The 6t U.S. Circuit Court of Appeals ruled 8-7 Friday that lawyer Chris Pagan has the right to stick a “For Sale” sign in car he parked on a public street. The village, known for stately houses and shady streets, threatened in with a fine in 2003 if he didn’t remove the sign.

The municipal justification was not that Glendale doesn’t want its byways looking like a used car lot, but that such signs create traffic hazards when prospective buyers slow down to check them out.

Of course, out in Glendale motorists also slow down to check out the squirrels chasing nuts, but the village has never tried to outlaw squirrels.

The court majority said the sign ban violated constitutionally protect commercial speech. The minority wrote in dissent that “common sense” should all for a ban of such commercial activity in the street.


1 Comments:

at 9:25 AM, July 06, 2007 Anonymous Anonymous said...

People slow down to look at houses for sale, so should we remove those signs, too? Of course not, and that's why the court was right in their decision.

Perhaps designating a public space for personal auto sales could be a compromise. It would have to be a secured lot, but it would be a place people could sell their vehicles and folks could turn in to have a look.

Just a thought.

 
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