Corpus ID: 142740786

Zoning Away First Amendment Rights

  title={Zoning Away First Amendment Rights},
  author={S. Saxer},
  journal={Urban Law Annual ; Journal of Urban and Contemporary Law},
  • S. Saxer
  • Published 1998
  • Sociology
  • Urban Law Annual ; Journal of Urban and Contemporary Law
  • To facilitate the tapering of local government regulation, this Article proposes that, as a matter of constitutional policy, the courts' should analyze zoning as a prior restraint when the challenged regulation has the potential to impact First Amendment rights. Zoning actions invalidated by the Court as prior restraints can then be adjudicated as common law nuisance actions that address those actual harms caused by the alleged offending land use activities. Admittedly, this proposal turns… CONTINUE READING
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