Austin v. Reagan National Advertising | Case No. 20-1029 | Date Argued: 11/10/2021 | Date Decided: 4/21/2022

Background: Austin sign code provisions distinguish between on-premise and off-premise signs based solely on location—specifically, whether a sign is located at the same location as the business, person, activity, goods, products, or services being advertised. In Reed v. Town of Gilbert, this Court held that, because the Gilbert sign code "single[d] out specific subject matter for differential treatment," it was content-based regardless of the government's purpose. 576 U.S. 155, 169 (2015).

Question Presented: Is the city code's distinction between on- and off-premise signs a facially unconstitutional content-based regulation under Reed v. Town of Gilbert?

Holding: The City’s on-/off-premises distinction is facially content neutral under the First Amendment.

Result: Judgment REVERSED and case REMANDED.

Voting Breakdown: 6-3. Justice Sotomayor delivered the opinion of the Court, in which Chief Justice Roberts and Justices Breyer, Kagan and Kavanaugh joined. Justice Breyer filed a concurring opinion. Justice Alito filed an opinion concurring in the judgment in part and dissenting in part. Justice Thomas filed a dissenting opinion, in which Justices Gorsuch and Barrett joined.

Link to Opinion: Here.

Oral Advocates:

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.