Barient, Inc. v. Lewmar Marine, Inc.

How later courts describe this case

• upholding a ban on most signs near interstate or federal-aid primary highways
• “[T]hat which would literally infringe if later in time anticipates if earlier than the date of invention.”
• a distinction between onsite and offsite noncommercial signs is constitutionally permissible
• “Unlike the restriction at issue in Metromedia, the on-premises exception in the present case is not limited to commercial speech: the on-site exception can be applied to any topic, commercial or non-commercial ... ”
• “If such a standard were applied, it could result in a fourth amendment violation based on simple negligence. The fourth amendment, however, only protects individuals against ‘unreasonable’ seizures, not seizures conducted in a ‘negligent’ manner.”