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TEXAS DEPT. OF TRANSP. v. BARBER

No. 01-0414.

111 S.W.3d 86 (2003)

TEXAS DEPARTMENT OF TRANSPORTATION, et al., Petitioners, v. Pat BARBER, Respondent.

Supreme Court of Texas.

Decided July 3, 2003.

Attorney(s) appearing for the Case

Howard G. Baldwin, First Assistant Atty. Gen. of Texas, Robert Searls Johnson, Asst. Solicitor General, Julie Caruthers Parsley, Office of the Solicitor General of Texas, Jeffrey S. Boyd, Office of the Attorney General, Austin, Meredith Bishop Parenti, Weil Gotshal & Manges, College Station, John Cornyn, United States Senate, Washington, DC, William Rich Thompson, II, Austin, for Petitioners.

James C. Harrington, Texas Civil Rights Project, Ted Anthony Ross, Asst. Atty. Gen., Sheri Joy Nasya Tolliver, Texas Civil Rights Project, Austin, for Respondent.

Justice ENOCH delivered the opinion of the Court, in which Chief Justice PHILLIPS, Justice O'NEILL, Justice JEFFERSON, Justice SCHNEIDER, and Justice WAINWRIGHT joined.

This case involves the constitutionality of the Texas Highway Beautification Act.1 We must decide whether the Act, which precludes Pat Barber from displaying a particular billboard on his nonresidential property, violates Barber's free speech rights under the United States...

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