E & J Equities v. Board of Adjustment of the Township of Franklin (A-40-14; 075207)
A digital billboard, as a form of communication, is subject to the protections afforded to speech under the First Amendment to the United States Constitution and the New Jersey Constitution. To the extent that a municipality seeks to restrict billboards, the regulation must find support in the governmental interests that the municipality seeks to protect or advance. Although the Township relied upon aesthetic and public safety concerns in banning digital billboards, while permitting static billboards in designated zones, the record fails to demonstrate that the ban furthers the governmental interests that the Township asserts. The ordinance ban on digital billboards is therefore unconstitutional.