DeMinimis Content Discrimination: The Vexing Matter of Sign-Ordinance Exemptions

Abstract

Municipal sign ordinances commonly embody exemptions for various categories defined by the content of the signs - or are they? Some courts find impermissible content discrimination in this situation, while others - heavily influenced by the Supreme Court's 2000 decision in Hill v. Colorado- do not. This article explores the case law in this area (including the effect of other Supreme Court decisions, most notably City of Ladue v. Gilleo), and suggest a more flexible and realistic approach to the de minimis content discrimination at issue in these cases.