No. 20-1029
City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al.
Tags: billboard-regulation content-based content-based-regulation first-amendment free-speech metromedia municipal-law reed-v-town-of-gilbert sign-code strict-scrutiny
Latest Conference:
2021-06-24
(distributed 3 times)
Question Presented (from Petition)
Austin sign code provisions distinguish between
on-premise and off-premise signs based solely on location. From this distinction—and unrelated to what
message is conveyed—the sign code establishes a technology-based rule about how a sign's message may be
conveyed. On-premise signs may be digitized, and off-
premise signs may not.
Billboard companies sought permits to digitize 84
billboards—off-premise signs—and sued the city when
the permits were denied. The Fifth Circuit ruled that
the First Amendment invalidated the challenged provisions, holding that the on-premise/off-premise distinction is content-based under Reed v. Town of Gilbert
and fails the strict scrutiny test. The question presented is:
Is the city code's distinction between on- and
off-premise signs a facially unconstitutional content-
based regulation under Reed?
Question Presented (AI Summary)
Is the city code's distinction between on- and off-premise signs a facially unconstitutional content-based regulation under Reed?
Docket Entries
2022-05-23
Judgment Issued
2022-04-21
Judgment REVERSED and case REMANDED. Sotomayor, J., delivered the opinion of the Court, in which Roberts, C. J., and Breyer, Kagan, and Kavanaugh, JJ., joined. Breyer, J., filed a concurring opinion. Alito, J., filed an opinion concurring in the judgment in part and dissenting in part. Thomas, J., filed a dissenting opinion, in which Gorsuch and Barrett, JJ., joined.
2021-11-10
Argued. For petitioner: Michael R. Dreeben, Washington, D. C.; and Benjamin Snyder, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondents: Kannon K. Shanmugam, Washington, D. C.
2021-10-22
Reply of petitioner City of Austin filed. (Distributed)
2021-10-18
The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondents.
2021-10-04
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED.
2021-09-29
Brief amici curiae of Alliance Defending Freedom, et al. filed. (Distributed)
2021-09-29
Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
2021-09-29
Brief amicus curiae of Institute for Justice filed. (Distributed)
2021-09-29
Brief amici curiae of Out of Home Advertising Association of America, Inc., et al. filed. (Distributed)
2021-09-29
Brief amicus curiae of Institute for Free Speech filed. (Distributed)
2021-09-29
Brief amicus curiae of Protect the First Foundation filed. (Distributed)
2021-09-29
Brief amicus curiae of Summus 2, LLC dba Summus Outdoor filed. (Distributed)
2021-09-29
Brief amicus curiae of Cato Institute filed. (Distributed)
2021-09-29
Brief amicus curiae of Liberty Justice Center filed. (Distributed)
2021-09-28
Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
2021-09-27
Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
2021-09-22
Letter pursuant to Rule 35.3 received.
2021-09-22
Brief of respondents Reagan National Advertising of Austin, LLC, et al. filed. (Distributed)
2021-09-21
CIRCULATED
2021-09-01
The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
2021-09-01
Record requested from the U.S.C.A. 5th Circuit.
2021-08-31
Motion to extend the time to file respondents brief on the merits granted and the time is extended to and including September 22, 2021.
2021-08-26
Motion of the Acting Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed.
2021-08-20
Brief amici curiae of Land Developers, Chambers of Commerce, and Scenic Organizations filed.
2021-08-20
Brief amici curiae of State of Florida, et al., filed.
2021-08-20
Brief amicus curiae of Outfront Media Inc. filed.
2021-08-20
Brief amicus curiae of International Sign Association filed.
2021-08-20
Brief amici curiae of The National League of Cities; The U.S. Conference of Mayors; The International City/County Management Association; The International Municipal Lawyers Association filed.
2021-08-20
Brief amici curiae of Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier filed.
2021-08-20
Brief amicus curiae of United States filed.
2021-08-19
Brief amicus curiae of The American Planning Association in Support of Neither Party filed.
2021-08-17
Motion for an extension of time to file respondents' brief on the merits filed.
2021-08-16
ARGUMENT SET FOR Wednesday, November 10, 2021.
2021-08-13
Joint appendix filed. (Statement of costs filed)
2021-08-13
Brief of petitioner City of Austin filed.
2021-08-09
Motion to extend the time to file the joint appendix and petitioner's brief on the merits is granted and the time is extended to and including August 13, 2021.
2021-08-04
Letter requesting case caption correction filed by petitioner.
2021-08-03
Blanket Consent filed by Respondent, Reagan National Advertising of Austin, Inc.
2021-08-03
Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
2021-06-28
Petition GRANTED.
2021-06-21
DISTRIBUTED for Conference of 6/24/2021.
2021-06-01
DISTRIBUTED for Conference of 6/17/2021.
2021-05-26
Reply of petitioner City of Austin filed.
2021-05-12
Brief of respondents Reagan National Advertising of Austin, Incorporated, et al. in opposition filed.
2021-03-23
Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
2021-03-17
Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
2021-03-12
Response Requested. (Due April 12, 2021)
2021-03-03
DISTRIBUTED for Conference of 3/19/2021.
2021-03-01
Brief amici curiae of Chambers of Commerce, et al. filed. (Distributed)
2021-02-25
Waiver of right of respondent Reagan National Advertising of Austin, Inc. to respond filed.
2021-02-08
Brief amici curiae of International Municipal Lawyers Association, et al. filed.
2021-01-20
Petition for a writ of certiorari filed. (Response due March 1, 2021)
Attorneys
Alliance Defending Freedom and The Islam and Religious Freedom Action Team of the Religious Freedom Insitute
Americans for Prosperity Foundation
Cato Institute
Eugene Volokh — UCLA School of Law, Amicus
Chambers of Commerce, Business Leagues, Environmental Organizations, and On-Premise Sign Associations
Cooke Wilson Kelsey — Parker & Sanchez PLLC, Amicus
City of Austin
Renea Hicks — Law Office of Max Renea Hicks, Petitioner
City of Austin, Texas
Michael R. Dreeben — O'Melveny & Myers LLP, Petitioner
Institute for Free Speech
Julie Ann Smith — Institute for Free Speech, Amicus
Institute for Justice
Samuel Bracken Gedge — Institute for Justice, Amicus
International Municipal Layers Association, et al.
International Sign Association
Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier
Lamar Advantage Outdoor Company, L.P., doing business as The Lamar Companies
J. Allen Smith — SettlePou, Respondent
Liberty Justice Center
Jeffrey Michael Schwab — Liberty Justice Center, Amicus
Out of Home Advertising Association of America, Inc., Media Resources, Inc., Renfroe Outdoor Advertising, DDI Media, Dakota Outdoor Advertising, and Hughes Outdoor Media
Gordon Dwyer Todd — Sidley Austin LLP, Amicus
Outfront Media Inc.
Laura W. Brill — Kendall Brill & Kelly LLP, Amicus
Pacific Legal Foundation
Protect the First Foundation
Gene Clayton Schaerr — Schaerr | Jaffe, Amicus
Reagan National Advertising of Austin, LLC
Bryan Russell Horton — George Brothers Kincaid & Horton LLP, Respondent
Reagan National Advertising of Austin, LLC, et al.
State of Florida, et al.,
Summus 2, LLC dba Summus Outdoor
The American Planning Association
The National League of Cities; The U.S. Conference of Mayors; The International City/County Management Association; The International Municipal Lawyers Association
United States
Elizabeth B. Prelogar — Solicitor General, Amicus
Washington Legal Foundation
Thomas Michael Johnson Jr. — Wiley Rein LLP, Amicus