Opinion · Supreme Court of the United States

Barient, Inc. v. Lewmar Marine, Inc.

484 U.S. 1007

Type
Opinion
Court
Supreme Court of the United States
Jurisdiction
Federal
Date
1988-01-11
Topic
general

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.”

Citator

UpLaw has not yet analyzed Barient, Inc. v. Lewmar Marine, Inc.. The absence of a flag is not a finding that it is good law.

Cited by
68 opinions

C. A. Fed. Cir. Certiorari denied.