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New York State attacks the First Amendment

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  • New York State attacks the First Amendment



    Governor Cuomo signed a bill on Monday to ban billboards like the one above from floating in New York’s waters. . . . .

    People who hate the billboards have been vocal.

    After all, a view of the Statue of Liberty could be interrupted by an ad for a “Grinch” movie. A photograph of the Manhattan skyline from Brooklyn Bridge Park could be marred by “Walking Dead” signage.

    There is also a high-rise boom reshaping New York’s skyline. And people paying top dollar for pristine sightlines are not likely to enjoy seeing the floating ads.

    Of course, some people don’t mind advertising. What would Times Square be without it? But it seems few are openly calling for more advertising, particularly on the water.

    Mr. Cuomo said in a statement that the ads were “a nuisance that blight our shores and distract from the great natural beauty of our waterways.”

    Banning the floating billboards, he said, would “make our waters more enjoyable and safer for everyone.”

    State Senator Brad Hoylman, the Manhattan Democrat who sponsored the bill in Albany’s upper chamber, said, “We don’t need Times Square floating past us as we relax or play.”

    "Why New York Just Banned Floating Billboards," by Azi Paybarah, The New York Times, 21 Aug 2019
    Both the City and the State of New York permit this kind of advertising



    and this kind of advertising



    and this kind of advertising



    and they actually demand this kind of advertising in Times Square.



    So what does Albany and City hall have against floating advertising? It's enough to make one wonder if the owners of those floating billboards forgot to leave a padded envelop under a table or something . . . .
    I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

  • #2
    Or they might present a safety concern for the harbor, not that I agree with the new policy.
    We are not now that strength which in old days
    Moved earth and heaven; that which we are we are; One equal temper of heroic hearts
    Made weak by time and fate but strong in will
    To strive to seek to find and not to yield.

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    • #3
      Commercial speech (advertising) doesn't enjoy the same level of protection that other speech has.

      There is a 4 part test to determine if the speech can be regulated.
      1. First, in order for the commercial speech to be considered as protected speech under the First Amendment, the speech must concern lawful activity, and the speech must not be misleading.
        1. If this step is met and the commercial speech is considered speech, then the court will use steps 2-4 below to determine whether the government regulation is constitutional
      2. Second, the alleged governmental interest in regulating the speech must be substantial
      3. Third, the regulation must directly advance the governmental interest asserted
      4. Fourth, the regulation must not be more extensive than is necessary to serve the interested expressed in step 3

      I'm thinking that the law won't pass this test, because protecting the views of the wealthy doesn't strike me as a valid interest.

      But, as you suggest maybe leaving a properly filled envelope will be cheaper than contesting this.
      Avatar is General Gerard, courtesy of Zouave.

      Churchill to Chamberlain: you had a choice between war and dishonor. You chose dishonor, and you will have war.

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      • #4
        Originally posted by Massena View Post
        Or they might present a safety concern for the harbor, not that I agree with the new policy.
        Harbor traffic is at an all time low. Cargo doesn't even pass through the Narrows anymore. The big container port in Newark handles all of that now, and the biggest cruise ships from Carnival and Cunard dock in Bayonne and Red Hook: only the smaller Norwegian ships dock at the West Side Cruise Terminal anymore. And if traffic safety is such a concern, then don't the billboard vans on City streets present at least as much hazard as the floating billboard barges? This thing stinks on ice -- like when Mayor Bill de Blasio went after horse-drawn carriages: it turned out that the financial backer of that campaign was actually a real estate developer with his eyes on the stable properties, and his hands in de Blasio's pockets.
        Last edited by slick_miester; 22 Aug 19, 11:12. Reason: I can't spell. "D'oh!"
        I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

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        • #5
          Billboards seem so 20th century.
          We hunt the hunters

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          • #6
            The next form of advertising will be massive 3D holograms the size of skyscrapers.
            Or drone clouds that show the same.
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            • #7
              Originally posted by wolfhnd View Post
              Billboards seem so 20th century.
              We traveled across country in June and July this summer going through 21 states and numerous cities, including El Paso and Dayton. Billboards are still quite popular across the country especially in the western states outside of cities.
              We are not now that strength which in old days
              Moved earth and heaven; that which we are we are; One equal temper of heroic hearts
              Made weak by time and fate but strong in will
              To strive to seek to find and not to yield.

              Comment


              • #8
                Originally posted by slick_miester View Post




                Both the City and the State of New York permit this kind of advertising



                and this kind of advertising



                and this kind of advertising



                and they actually demand this kind of advertising in Times Square.



                So what does Albany and City hall have against floating advertising? It's enough to make one wonder if the owners of those floating billboards forgot to leave a padded envelop under a table or something . . . .
                Actually I hate to say it but viewsheds are a public resource. Just consider rules for cell towers through out the country

                Comment


                • #9
                  One thing I don't miss here in Europe. Zero roadside billboard to be seen.
                  "Ask not what your country can do for you"

                  Left wing, Right Wing same bird that they are killing.

                  you’re entitled to your own opinion but not your own facts.

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                  • #10
                    What does this have to do with the 1st amendment? Is that what a RW outlet is saying? Your link to the NYT doesn't mention the 1st amendment at all.

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                    • #11
                      Originally posted by Half Pint John View Post
                      One thing I don't miss here in Europe. Zero roadside billboard to be seen.






                      There's a couple of hundred more here.
                      I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

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                      • #12
                        Originally posted by inevtiab1e View Post
                        What does this have to do with the 1st amendment? Is that what a RW outlet is saying? Your link to the NYT doesn't mention the 1st amendment at all.
                        Speech is speech. Expression is expression. Advertising is advertising. The State of New York is seeking to restrict one form of advertising, but encourages nearly identical forms elsewhere. Barring a serious public interest at stake -- which can't be provided by the State -- this boils down to a state-sanctioned restriction on speech, which puts it foursquare in the First Amendment's purview.
                        I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

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                        • #13
                          Originally posted by slick_miester View Post

                          Speech is speech. Expression is expression. Advertising is advertising. The State of New York is seeking to restrict one form of advertising, but encourages nearly identical forms elsewhere. Barring a serious public interest at stake -- which can't be provided by the State -- this boils down to a state-sanctioned restriction on speech, which puts it foursquare in the First Amendment's purview.
                          1st amendment has nothing to do with it. Stop making stuff up.

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                          • #14
                            Originally posted by inevtiab1e View Post
                            1st amendment has nothing to do with it. Stop making stuff up.
                            You've made that assertion twice now. Care to back that up with an actual argument?
                            I was married for two ******* years! Hell would be like Club Med! - Sam Kinison

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                            • #15
                              Originally posted by slick_miester View Post







                              There's a couple of hundred more here.
                              What don't you understand duh...none of those are roadside.

                              "Ask not what your country can do for you"

                              Left wing, Right Wing same bird that they are killing.

                              you’re entitled to your own opinion but not your own facts.

                              Comment

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