It is important to first note that every United States citizen has certain Constitutional Rights. The First Amendment states that:
“Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.”
One of the main purposes of the First Amendment is thus providing protections to an individual from having their freedom of speech interfered with. Speech may come in many different forms, including actual speech and written speech. One such form of written speech is billboards.
Generally speaking, a billboard is any board, sign, or structure that is displayed for commercial advertising purposes. Billboards can take many different shapes and varieties, and include almost any message. Billboards that specifically advertise goods or services sold in another location other than where the sign is located are referred to as “general outdoor advertising signs.” For example, a billboard on the side of the road that indicates that there is an exit ahead where fast food may be purchased, is considered an outdoor advertising sign.
Importantly, an individual’s Constitutional right to free speech also extends to billboard messages. However, local governments regulate billboards, with billboard and sign ordinances deciding what, when, and how speech through billboards may occur. The main purpose of sign ordinances is to protect the aesthetics and safety of a community, but they are also a control on a person’s freedom of expression.
Importantly, billboard and sign ordinances often ban billboards in certain locations and areas, with state courts usually allowing the bans to occur. One of the main reasons early on for banning billboards was for aesthetic purposes, but as free speech evolved, challenges against ordinance banning billboards also arose.
One of the main legal problems regarding billboards in state courts is reviewing billboard ordinances that ban billboards that are considered to be an on-premise sign. Once again, a billboard is usually defined as an off-premise sign that is advertising goods and services not available on the premise in which the billboard is erected. This is different from an on-premise sign where goods and services are available on the premises. In most cases, on-premises signs are allowed, whereas certain speech present on an off-premises billboard may not be allowed.
An attorney for billboard advertising is an attorney that specifically works with an individual that has contracted for or erected a billboard in overcoming an ordinance that is directed at limiting their Constitutional right to free speech. Specifically, an attorney for billboard advertising will appeal the ordinance and attend all of the necessary hearings in order to strike down the ordinance, or get the United States Department of Transportation (“USDOT”) or local zoning board to grant their client the right to erect their billboard as they wish.
Who Regulates Billboards?
Once again, billboards and other advertising signs are regulated by both state and federal laws. When it comes to federal regulation of billboards, the Department of Transportation is the federal entity that is in charge of issuing billboard permits, and regulating billboards. This is especially true for billboards erected within 660 meters of any United States highway.
Further, sub-offices of the DOT in some states require mandatory permits for organizational billboards. Besides regulation where a billboard may be installed, the DOT also may regulate the size of the billboard, the content contained on the billboard, and criteria that must be followed for placement. In general, USDOT’s regulation also encompasses billboards that are attached to a building or on the rooftop of a building. However, when it comes to regulating content, that invokes an individual’s First Amendment rights.
When it comes to advertising billboards along state highways or on state owned property, the Department of Transportation for the state will often be the entity for the state that is in charge of issuing permits and billing for the billboards. Further, local laws may provide for further restrictions on a billboard, such as restrictions on placement, size, or content. These restrictions can typically be found by consulting local ordinances and laws passed by the zoning board in the area.
As mentioned above, the First Amendment guarantees a private person freedom to choose the medium they prefer in which to express their ideas, including billboards. In general, billboards that are erected on private property are typically less regulated than billboards near a state or federal highway. However, as far as the content of speech present on a billboard, the state and federal government may still regulate the speech if the speech is offensive, threatening, or too provocative. In short, free speech may be regulated or limited in certain contexts.
Are All Signs Considered Billboards?
Although almost every sign may be considered an advertisement, there are many local municipal codes that have exceptions to a sign being considered a billboard. These exceptions include:
- Signs that announce meetings, which are posted on bulletin boards;
- Any advertisements or signs used to market any business conducted on the premises; and/or
- Any real estate signs that are utilized for advertising purposes.
Once again, there is a major difference in how an on-premise sign and an off-premise sign are treated. Although there are several on-premise signs that resemble billboards, including wall signs, on premise signs are often permitted by local ordinances while billboards are prohibited. This is because the majority of state courts have held the different treatment of billboards and on-premise signs constitutional.
Importantly, the actual visual content of a billboard is the least restricted and regulated part of billboard advertising. This is because any regulation on content interacts with an individual’s freedom of expression. Most regulations and restrictions on billboards deal with their placement and size. In fact, the only outdoor billboard requirements on content issued nationally relate to displays of an electrical nature.
What Do You Have To Do to Raise a Billboard?
In general, in order to have a billboard erected, an individual must apply and receive a billboard permit with the entity that is in charge of issuing such permits. For federal billboard permits, the United State Department of Transportation is the entity in charge of issuing such permits. For local billboard permits, especially billboards erected on or near state highways or property, the local state Department of Transportation is the entity in charge of issuing billboard permits.
In general, if an individual is seeking to erect their own billboard they will need to obtain a permit for the space from the entity in charge of issuing such permits, and pay the fee associated with obtaining the permit. Then, their billboard will need to abide by the ordinances regarding its placement and size. In general, most billboards are a maximum 14 feet high by 40 feet long.
If an individual is seeking to rent a billboard, then they will just have to contact the company that has already obtained the permit for the advertising space, and execute a contract to rent the billboard space. Importantly, the content placed on the billboard may then be further regulated within the private contract for advertising.
Once the Billboard Is Displayed, Are There Any More Requirements for the Billboard?
In general, once a billboard is displayed, the only requirement at that point is to maintain the billboard to ensure the safety of the public. In the early history of billboards, they were often large wooden structures that were public safety issues, as they often fell down on bystanders that were walking by them.
As proper building safety has increased, all that is necessary once erected for a billboard owner is to maintain the structure to avoid injuries to others.
Do I Need an Attorney in Order to Settle a Dispute Concerning a Billboard?
As can be seen, local ordinance and federal laws can often be very complicated and technical, when it comes to the regulation of billboards and other signs. As such, if you have any questions or disputes involving a billboard, it is in your best interests to consult an experienced real estate lawyer.
An experienced lawyer will be able to help you in settling your billboard dispute. Further, an attorney can also help you seek to overcome a challenge to your freedom of expression and speech in court, as necessary.
