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95. Should the court uphold the ordinance?
A company that owns many of the billboards affected by this ordinance has filed suit, claiming that the ordinance violates the company's freedom of speech.
In response to these complaints, the city council has enacted an ordinance that substantially limits the number and the size of billboards that may be erected along designated scenic roadways.
The number of large billboards along a city's major roadways has increased considerably in recent years. Many political groups have contributed to that increase with their growing use of billboards to display messages that further a variety of political candidates and public causes. The city council has received many complaints from residents claiming that the billboards are ugly and detract from picturesque sights along the roadways.
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A is incorrect. Even though the ordinance has the effect of burdening political speech, it is a content-neutral restriction because it regulates without regard to the message on the billboards. Content-neutral speech restrictions receive intermediate judicial scrutiny, which requires that the restriction be narrowly tailored to serve a substantial government interest.
B is incorrect. Although the ordinance restricts speech in a traditional public forum, it is not a total ban on speech, and it is content-neutral. The ordinance satisfies intermediate scrutiny because it is narrowly tailored to serve a substantial government interest.
D is incorrect. This answer states an incorrect standard of judicial review for the ordinance. The ordinance is a content-neutral restriction on expression, and therefore it must satisfy intermediate judicial scrutiny. Intermediate scrutiny requires that the restriction be narrowly tailored to serve a substantial government interest.