Constitutionality Of Billboard Height Restrictions
Appliance Co. wishes to erect a billboard on the roof of its store. The city denies the permit because a local ordinance prohibits billboards at heights exceeding 250 feet. If Appliance Co. sues the city, a court is most likely to rule that:
AThe ordinance is a constitutionally permissible time, place, or manner restriction.
BThe ordinance is unconstitutional because it cannot withstand strict scrutiny.
CThe ordinance is constitutional because commercial speech is not entitled to First Amendment protection.
DThe ordinance constitutes an unconstitutional taking, and the city therefore owes Appliance Co. just compensation.
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