Columbus, OH – The Buckeye Institute has filed a new amicus brief with the United States Court of Appeals for the Sixth Circuit in the case Thomas v. Schroer, arguing that it is a violation of the First Amendment for the government to discriminate against outdoor advertisements and signs based on the sign’s message.

“While we all enjoy a scenic drive and beautiful roadways, the First Amendment is even more precious to Americans and its protections must not be violated in the name of highway beautification,” said Robert Alt, president and chief executive officer of The Buckeye Institute. “Restricting the placement of outdoor advertisements solely based on the sign’s message is a clear infringement of free speech and must be overturned.”

Thomas v. Schroer is challenging the constitutionality of the Tennessee’s billboard law, which was enacted to comply with the federal Highway Beautification Act. Passed in 1965, the Highway Beautification Act withholds federal tax dollars from states if they do not adopt laws regulating and controlling the placement of outdoor advertisements. Tennessee’s billboard law regulates signage in a way that disadvantages ideological messages in violation of the First Amendment.

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UPDATE: September 11, 2019, the United States Court of Appeals for the Sixth Circuit affirmed the District Court’s ruling in favor of William Thomas, Jr. The Sixth Circuit’s ruling strikes down the Tennessee Billboard Act as violating the First Amendment. The case name was changed from Thomas v. Schroer to Thomas v. Bright when Clay Bright was named commissioner of the Tennessee Department of Transportation.