Note on City of Austin v. Reagan Nat'l Advertising

The Court walks back Reed

In a messy set of opinions, the Court in City of Austin v. Reagan National Advertising of Austin, LLC, 596 U.S. 61 (2022), is widely perceived as having walked back the most extreme "if you have to read it, it's content-based" reading of Reed.

Majority: Sotomayor, Roberts, Breyer, Kagan, and Kavanaugh

Alito concurred in judgment in part and dissented in part.

Thomas, Gorsuch, and Barrett dissented.

Read the following facts and brief excerpts from the majority and dissent. Is the majority's distinction of Reed persuasive? What's the test for content-basis after City of Austin?

This book, and all H2O books, are Creative Commons licensed for sharing and re-use with the exception of certain excerpts. Any excerpts from the Restatements of the Law, Principles of the Law, and the Model Penal Code are copyright by The American Law Institute. Excerpts are reproduced with permission, not as part of a Creative Commons license.