Billboards, Aesthetics and the Police Power: Legislative Developments Have Largely Negated Judicial Gains by Scenic Beauty Proponents

Charles F. Floysd

American Journal of Economics and Sociology, 1983, vol. 42, issue 3, 369-382

Abstract: Abstract. Judicial attitudes towards aesthetics have shifted rather dramatically during this century from one of outright hostility to general recognition of aesthetics as a sole justification for use of the police power. The acceptable limits of these regulations are still being explored, the issue of possible conflicts with the right of commercial free speech being the most recent legal battleground. The recent decision of the Supreme Court of the United States in the case of Metromedia, Inc. v. City of San Diego, striking down the local ordinance as restrictive of non‐commercial speech, confused the picture presented by the latest holdings. However, legislative developments have largely negated judicial gains for scenic beauty proponents. The outlook is for more and larger billboards spread along more and more of both our urban and rural roadsides.

Date: 1983
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