First Amendment

City's ban on vehicle for-sale signs violates First Amendment, judge rules in lawyer's $1 lawsuit

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For Sale sign

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A lawyer has won a First Amendment victory in his suit challenging Alexandria, Virginia’s ban on for-sale signs on vehicles parked on city streets.

U.S. District Judge James Cacheris of Alexandria ruled (PDF) on Tuesday that the law was an unconstitutional restriction on lawyer Scott McLean’s right to commercial speech, the National Law Journal (sub. req.) reports. McLean won nominal damages; he had sought only $1.

McLean was represented by the Pacific Legal Foundation, which plans to seek attorney fees in the case. According to the PLF website, the decision “sends a message to other cities across the country that have similar laws on the books: cities must respect the First Amendment right to advertise, just as they must respect our right to speak on other matters.”

Alexandria repealed the sign ban in March.

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