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Question #1

The Federal Highway Beautification Act reads as follows:
No billboard can be placed within 660 feet of interstate highways or other highways in which the United State government pays more than 50% of the cost of building such highways.

Public Interest Sign Company (hereafter PISC), a non-profit organization, purchases land adjacent to Exit 1000 of the I-80. PISC executes leases to the following organizations permitting them to erect billboards:

1. Borris Mart, PLC, a law firm specializing in personal injury cases. On his sign, he depicts an 18 wheeler crushing a mini-van with the words ‘Check with me before you take their check’. His 800 number also appears.

2. Citizens for the Fourth Amendment, a lobbying group that seeks to control police searches of cars on interstate highways. On the sign are the following words: ‘Just say NO to searches. Stopped by the cops? Dial 800- 321-7654 before you let’em search’.

3. Gentlemen’s Emporium, a one-stop adult book and video outlet. On the sign are the following words: ‘Another burger? Why not have a more satisfying break at Gentlemen’s Emporium. Next Right.’

Each group applies to Highway Commission for an exemption from the act on the grounds that the act as applied to their organization violates constitutionally protected rights. You are counsel for the Highway Commission. Does the act as applied violate the constitutional rights of any or all of the parties above?

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