Yesterday’s Times had an article about a dispute over a billboard that ran afoul of Vermont’s ban.
In February, a state board ruled that the painting, finished in October, runs afoul of the state’s billboard law, and must be removed. In response, the legislature passed a measure on Saturday that exempts this mural and ones like it — hand-painted signs that urge drivers to visit a designated downtown — from the law.
I had no idea 4 states had outlawed billboards entirely. This seems like an example of two problems frequently experienced by a complete speech ban such as this: first, that this is a classic example of a type of speech a majority would prefer to ban, and second that someone always wants to make an exception. I have to claim ignorance on the history and details of billboard bans, but it seems like a good old “time-manner-place” speech restriction might work better here. Sure, nobody likes seeing billboards on a senic drive, but it might avoid the “exception game” and it would better stand up to Constitutional scrutiny.