United States Fourth Circuit
Brown v. Town of Cary, 11-1480
In 1983 action, district court's summary judgment for plaintiff invalidating defendant's municipal sign ordinance, as applied to plaintiff, is reversed and remanded, where: 1) the claim survives plaintiff's death; 2) because the ordinance regulates speech for reasons independent of content, it is a content neutral restriction subject to intermediate scrutiny; 3) in applying that scrutiny, the ordinance does not violate the First Amendment; and 4) the ordinance is not unconstitutionally vague.
Appellate Information
- Decided 01/22/2013
- Published 01/22/2013
Judges
- DIAZ
Court
- United States Fourth Circuit