Out of the most insignificant situations can come the most significant legal decisions.
It is being reported that the government has asked SCOTUS to review the Sixth Circuit decision in Pagan v. Fruchey,No. 04-4414 (6th Cir. June 29, 2007), which held that the First Amendment prohibitsthe government from outlawing a “for sale” sign on cars parked on apublic street:
The issue started in July 2003 when Pagan put a “for sale” sign inthe window of his car on East Sharon Avenue, only to be threatened witha $250 fine or jail time by Glendale police, which was under GlendalePolice Chief Matthew Fruchey’s leadership at the time.
Theappeals court ruled 8-7 in June that evidence submitted by Glendale ata district court hearing last year was not sufficient, and thusrejected the village’s ordinance that prohibits “for sale” signs invehicles parked on public streets.
Village officials told Paganthe sign was commercial speech, which receives less protection underthe First Amendment than other forms of speech.
Complete report here. I commented on the Sixth Circuit opinion here, and how it might apply to Honolulu’s prohibition. The Institute for Justice represents the car’s owner, and their summary of the case is posted here.