Law360 (September 5, 2018, 1:49 PM EDT) -- The U.S. Supreme Court's 1981 decision in Metromedia Inc. v. City of San Diego is acknowledged as the leading case on sign regulation. Courts routinely cite the Metromedia plurality opinion as authority for deferential review of restrictions or outright bans on offsite commercial signs. But Metromedia is an odd precedent. The court's fractured 4-2-3 decision produced no majority opinion, and nonmajority opinions are not binding. Marks v. U.S., decided in 1977, is the Supreme Court's leading decision on how lower courts should extract precedent from such fractured decisions. One therefore would expect that before following Metromedia as mandatory authority for 37...
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