Members Of City Council v. Taxpayers For Vincent

466 U.S. 789 (1984)

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Nature of the Case

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Facts

In March 1979 Roland Vincent was a candidate for the Los Angeles City Council. Taxpayers for Vincent, a group of his supporters, arranged for the production and posting of signs with Vincent's name on them (the signs read 'Roland Vincent--City Council'). They attached the signs to utility poles at various locations by draping them over the cross-arms which support the poles and stapling the cardboard together at the bottom. Section 28.04 of the Los Angeles Municipal Code prohibits the posting of signs on public property. Acing under that section city employees removed all posters attached to utility poles, including Vincent's signs. Most of the removed signs were commercial, but 48 out of more than 1200 removed from public property during the first week of March were 'Vincent' signs. The trial court dismissed the case, but the Court of Appeals reversed. After rejecting an overbreadth challenge, the Supreme Court turned to the 'as applied' attack.