In Debate Over Strict Scrutiny, Justices Agree:Town's Sign Code Can't Even Pass ‘Laugh Test'

A “small, cash-strapped” church won its fight against an Arizona town June 18, when the U.S. Supreme Court struck down what it said were overly restrictive sign regulations (Reed v. Town of Gilbert, 2015 BL 193522, U.S., 13-502, 6/18/15).

Although all nine justices agreed that the Town of Gilbert’s sign code must fall, they split 6–3 over how to accomplish that feat.

Writing for the majority, Justice Clarence Thomas said that the sign code was a “paradigmatic example” of content-based regulation, and therefore must stand up to the strict scrutiny test. That was something the town’s law could ...