THOMAS v. BRIGHT

No. 17-6238.

937 F.3d 721 (2019)

William Harold THOMAS, Jr., Plaintiff-Appellee, v. Clay BRIGHT, Commissioner of Tennessee Department of Transportation, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 11, 2019.


Attorney(s) appearing for the Case

ARGUED: Sarah Campbell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellant. Owen Yeates , INSTITUTE FOR FREE SPEECH, Alexandria, Virginia, for Appellee. Lindsey Powell , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Eugene Volokh , UCLA SCHOOL OF LAW, Los Angeles, California, for Amici Curiae. ON BRIEF: Sarah Campbell , OFFICE OF THE TENNESSEE ATTORNEY GENERAL, Nashville, Tennessee, for Appellant. Owen Yeates , Allen Dickerson , INSTITUTE FOR FREE SPEECH, Alexandria, Virginia, for Appellee. Lindsey Powell , UNITED STATES DEPARTMENT OF JUSTICE, Washington, D.C., Eugene Volokh , UCLA SCHOOL OF LAW, Los Angeles, California, Kannon K. Shanmugam , A. Joshua Podoll , WILLIAMS & CONNOLLY LLP, Washington, D.C., Ilya Shapiro , CATO INSTITUTE, Washington, D.C., Braden H. Boucek , BEACON CENTER OF TENNESSEE, Nashville, Tennessee, Timothy Sandefur , GOLDWATER INSTITUTE, Phoenix, Arizona, Robert Alt , THE BUCKEYE INSTITUTE, Columbus, Ohio, for Amici Curiae.

Before: COLE, Chief Judge; BATCHELDER and DONALD, Circuit Judges.


OPINION

Under Tennessee's Billboard Act, anyone intending to post a sign along a Tennessee roadway must apply to the Tennessee Department of Transportation (TDOT) for a permit, unless the sign falls within one of the Act's exceptions. This case presents a constitutional challenge to the Act, based on...

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