Supreme Court of the United States · Official docket →
City of Austin, Texas v. Reagan National Advertising of Austin, LLC, et al.
Paid petition · United States Court of Appeals for the Fifth Circuit, No. 19-50354 · judgment August 25, 2020
Before the decision, about 1.7× the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below, a state or local-government petitioner, and a circuit split argued in the petition, and down for a business respondent.
Question presented
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/offpremise 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?
Counsel of record
For petitioner
Renea Hicks
Law Office of Max Renea Hicks
For respondent
Kannon K. Shanmugam
Paul, Weiss, Rifkind, Wharton & Garrison LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
2 cert-stage · 19 merits
(8 supporting pet./neither, 11 respondent)
Argument & decision
Argued November 10, 2021 — Michael R. Dreeben · Kannon K. Shanmugam. Audio and transcript
Decided April 21, 2022. Opinion by Sotomayor.
Proceedings
- May 23 2022Judgment Issued
- Apr 21 2022Judgment 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.
- Nov 10 2021Argued. 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.
- Oct 22 2021Reply of petitioner City of Austin filed. (Distributed)
- Oct 18 2021The time for oral argument is allotted as follows: 20 minutes for petitioner, 15 minutes for the Acting Solicitor General, and 35 minutes for respondents.
- Oct 04 2021Motion 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.
- Sep 29 2021Brief amicus curiae of Washington Legal Foundation filed. (Distributed)
- Sep 29 2021Brief amici curiae of Alliance Defending Freedom, et al. filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Institute for Justice filed. (Distributed)
- Sep 29 2021Brief amici curiae of Out of Home Advertising Association of America, Inc., et al. filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Institute for Free Speech filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Cato Institute filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Protect the First Foundation filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Summus 2, LLC dba Summus Outdoor filed. (Distributed)
- Sep 29 2021Brief amicus curiae of Liberty Justice Center filed. (Distributed)
- Sep 28 2021Brief amicus curiae of Pacific Legal Foundation filed. (Distributed)
- Sep 27 2021Brief amicus curiae of Americans for Prosperity Foundation filed. (Distributed)
- Sep 22 2021Letter pursuant to Rule 35.3 received.
- Sep 22 2021Brief of respondents Reagan National Advertising of Austin, LLC, et al. filed. (Distributed)
- Sep 21 2021CIRCULATED
- Sep 01 2021Record requested from the U.S.C.A. 5th Circuit.
- Sep 01 2021The record from the U.S.C.A. 5th Circuit is electronic and located on Pacer.
- Aug 31 2021Motion to extend the time to file respondents brief on the merits granted and the time is extended to and including September 22, 2021.
- Aug 26 2021Motion 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.
- Aug 20 2021Amicus brief of Chambers of Commerce, Business Leagues, Environmental Organizations, and On-Premise Sign Associations not accepted for filing. (August 20, 2021)
- Aug 20 2021Brief amicus curiae of United States filed.
- Aug 20 2021Brief amici curiae of Knight First Amendment Institute at Columbia University and Professor Genevieve Lakier filed.
- Aug 20 2021Brief 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.
- Aug 20 2021Brief amicus curiae of International Sign Association filed.
- Aug 20 2021Brief amici curiae of Land Developers, Chambers of Commerce, and Scenic Organizations filed.
- Aug 20 2021Brief amicus curiae of Outfront Media Inc. filed.
- Aug 20 2021Brief amici curiae of State of Florida, et al., filed.
- Aug 20 2021Amicus brief of State of Florida, et al., not accepted for filing. (October 08, 2021--Duplicate submission)
- Aug 19 2021Brief amicus curiae of The American Planning Association in Support of Neither Party filed.
- Aug 17 2021Motion for an extension of time to file respondents' brief on the merits filed.
- Aug 16 2021ARGUMENT SET FOR Wednesday, November 10, 2021.
- Aug 13 2021Brief of petitioner City of Austin filed.
- Aug 13 2021Joint appendix filed. (Statement of costs filed)
- Aug 09 2021Motion 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.
- Aug 04 2021Letter requesting case caption correction filed by petitioner.
- Aug 03 2021Blanket Consent filed by Respondent, Reagan National Advertising of Austin, Inc.
- Aug 03 2021Motion for an extension of time to file the joint appendix and petitioner's brief on the merits filed.
- Jun 28 2021Petition GRANTED.
- Jun 21 2021DISTRIBUTED for Conference of 6/24/2021.
- Jun 01 2021DISTRIBUTED for Conference of 6/17/2021.
- May 26 2021Reply of City of Austin not accepted for filing. (May 28, 2021) (Corrected version submitted)
- May 26 2021Reply of petitioner City of Austin filed.
- May 12 2021Brief of respondents Reagan National Advertising of Austin, Incorporated, et al. in opposition filed.
- Mar 23 2021Motion to extend the time to file a response is granted and the time is extended to and including May 12, 2021.
- Mar 17 2021Motion to extend the time to file a response from April 12, 2021 to May 12, 2021, submitted to The Clerk.
- Mar 12 2021Response Requested. (Due April 12, 2021)
- Mar 03 2021DISTRIBUTED for Conference of 3/19/2021.
- Mar 01 2021Brief amici curiae of Chambers of Commerce, et al. filed. (Distributed)
- Feb 25 2021Waiver of right of respondent Reagan National Advertising of Austin, Inc. to respond filed.
- Feb 08 2021Brief amici curiae of International Municipal Lawyers Association, et al. filed.
- Jan 20 2021Petition for a writ of certiorari filed. (Response due March 1, 2021)