CLS Policy Arguments for and Against AIDS Awareness Now Billboards Memorandum

Draft three policy arguments for allowing the billboards and three policy arguments for disallowing the billboards. Your arguments for both sides should be persuasive so you can prepare for a potential legal battle.

Use Microsoft Word Use Times New Roman, 12 point font.

Justify the left margin only.

Double space.

Do not double-double space between paragraphs or sections of the memo.

Indent paragraphs ¼ of an inch.

Italicize case names in citations; do not underline.

Remove formatting such as “headings” and outlining.

Length: No more than 10 pages.

**The law presented here, including statutes, cases, and quotations, is purely fictional and cannot be attributed to any real individual or provision.

You represent AIDS Awareness Now, an organization dedicated to raising AIDS awareness among American youth. Thanks to the generosity of the Will and Belinda Bates Foundation, AIDS Awareness Now has $3 million to invest in its education campaign. AIDS Awareness Now plans to invest the money in billboards along California’s Interstate 5 highway. The billboards will feature an image of a young couple embracing along with the text Protect Yourself. Learn More at www.AANforLife.org. The billboard design has already been completed at the cost of several hundred thousand dollars and cannot be altered. Unfortunately, the design may run afoul of California’s Outdoor Advertising statute, provided below. Please review the statute below. First, develop three policy arguments for allowing the billboards. Second, develop three policy arguments for why the billboards should be disallowed. When developing your policy arguments, consider moral values, social justice, fairness, economics, and institutional roles.**

Cal. Sts. & High. Code § 2239: Outdoor Advertising**

§ 2239.1 Findings.
(1) Inadequately regulated outdoor advertising may threaten highway safety, scenic beauty and conservation efforts, and minors.

§ 2239.2 Declaration of Purpose.
(1) This state may limit free speech in order to serve compelling government interests, which include but are not limited to:
a. promoting highway safety;
b. preserving scenic beauty;
c. promoting conservation efforts; and
d. protecting minors from obscene material.

§ 2239.3 Definitions.
(1) Outdoor advertising includes but is not limited to any outdoor display, banner, sign, placard, billboard, electronic screen, or device, which uses image, writing, electronic signal, painting, mural, light, or any other means, to advertise and which is visible to motorists on highway systems in this state.
(2) Obscene material includes material that when viewed as a whole and in accord with accepted societal standards, appeals predominantly to sexual desire, in a patently offensive manner, and which is devoid of serious educational value.

§ 2239.4 Outdoor Advertising Restrictions.
(1) Outdoor advertising which distracts a motorist by any means, including but not limited to, flashing lights, rotating panels, shocking content, or noise, is prohibited under this Act.
(2) Outdoor advertising which requires the removal of trees, shrubbery or other fauna, or which interferes with planned conservation efforts, is prohibited under this Act.
(3) Outdoor advertising portraying obscene material in any manner is prohibited under this Act.

§ 2239.5 Severability.
(1) If any provision of this Act is declared invalid or unconstitutional, such declaration shall not affect the legality of either this Act as a whole or any provisions not declared invalid or unconstitutional.

Legislative History:
The passage of this Act is an important step for California: a step to removing the blight of offensive, over-commercialized billboards along our beautiful highways. — State Senator Joe Leavethem

This Act is narrow in its application. I am proud to sponsor a piece of legislation that at once protects the safety of California motorists, and at the same time observes the American ideal: ‘the only valid censorship is the right of people not to listen.’ — State Senator Jay John, quoting Potter Stewart