Out of Home - March/April 2014 - 16

SINFUL

ADS:

What Content Can
the Government
Ban on Signs?

Contrary to popular opinion, the government can prohibit certain commercial content on signs. For
instance, the U.S. Supreme Court has long recognized that advertising which is misleading, or concerns an
illegal product (e.g., cocaine), is not constitutionally protected.
In general, however, the government must carry an extremely heavy burden in order to restrict truthful
advertisements for legal products and services. This article focuses on three "sinful" topics that government
officials most often attempt to restrict: gambling, booze, and strip clubs.
Gambling. Casinos and lotteries are some of the biggest users of outdoor advertising. Their ads have
become commonplace in most states, but there are still legal questions about some of this advertising.
In Greater New Orleans Broadcasting Association, Inc. v. United States, the Supreme Court held that a federal
prohibition on advertisements of private casino gambling was unconstitutional as applied to Louisiana
advertisers where private casino gambling was legal. 527 U.S. 173, 176 (1999). Thus, there is little doubt that a
billboard located in Las Vegas that advertises casino gambling is permissible.
By E. Adam Webb, Esq.
Webb, Klase & Lemond, LLC

contributors
from our

16 | out of home magazine | march | april 2014



Out of Home - March/April 2014

Table of Contents for the Digital Edition of Out of Home - March/April 2014

Out of Home - March - April 2014
Contents
From the Publisher
From Our Contributors
Government Science GREEN-LIGHTS Digital Billboards
OOH: The First Screen
What the Universe Tells Us About Out-Of-Home Display
Sinful Ads: What Content Can the Government Ban on Signs
Statics's Staying Power
Times Square: Branding in the Crossroads
Shifting at the Sands
Highlights from the world of Out-Of-Home
A Continuing Review of Interesting Out-Of-Home Video
Feedback
Out of Home - March/April 2014 - Out of Home - March - April 2014
Out of Home - March/April 2014 - 2
Out of Home - March/April 2014 - 3
Out of Home - March/April 2014 - Contents
Out of Home - March/April 2014 - 5
Out of Home - March/April 2014 - From the Publisher
Out of Home - March/April 2014 - 7
Out of Home - March/April 2014 - Government Science GREEN-LIGHTS Digital Billboards
Out of Home - March/April 2014 - 9
Out of Home - March/April 2014 - 10
Out of Home - March/April 2014 - 11
Out of Home - March/April 2014 - OOH: The First Screen
Out of Home - March/April 2014 - 13
Out of Home - March/April 2014 - What the Universe Tells Us About Out-Of-Home Display
Out of Home - March/April 2014 - 15
Out of Home - March/April 2014 - Sinful Ads: What Content Can the Government Ban on Signs
Out of Home - March/April 2014 - 17
Out of Home - March/April 2014 - 18
Out of Home - March/April 2014 - 19
Out of Home - March/April 2014 - Statics's Staying Power
Out of Home - March/April 2014 - 21
Out of Home - March/April 2014 - 22
Out of Home - March/April 2014 - 23
Out of Home - March/April 2014 - 24
Out of Home - March/April 2014 - 25
Out of Home - March/April 2014 - 26
Out of Home - March/April 2014 - 27
Out of Home - March/April 2014 - Times Square: Branding in the Crossroads
Out of Home - March/April 2014 - 29
Out of Home - March/April 2014 - 30
Out of Home - March/April 2014 - 31
Out of Home - March/April 2014 - 32
Out of Home - March/April 2014 - 33
Out of Home - March/April 2014 - 34
Out of Home - March/April 2014 - Shifting at the Sands
Out of Home - March/April 2014 - 36
Out of Home - March/April 2014 - 37
Out of Home - March/April 2014 - 38
Out of Home - March/April 2014 - 39
Out of Home - March/April 2014 - Highlights from the world of Out-Of-Home
Out of Home - March/April 2014 - 41
Out of Home - March/April 2014 - 42
Out of Home - March/April 2014 - 43
Out of Home - March/April 2014 - 44
Out of Home - March/April 2014 - A Continuing Review of Interesting Out-Of-Home Video
Out of Home - March/April 2014 - Feedback
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