by Charles F. Floyd
Professor of Real Estate, University of Georgia

Abstract

Judicial attitudes towards aesthetics have shifted rather dramatically during the past century from one of outright hostility to general recognition of aesthetics as a sole justification for use of the police power.  The acceptable limits of these regulations are still being explored, the issue of possible conflicts with the right of commercial free speech being the most recent legal battleground.

This paper reviews the historical development of judicial attitudes towards aesthetics and billboard regulations, examining in some detail the case of Metromedia, Inc. v. City of San Diego.  It also examines legislative developments during the same period which have largely negated judicial gains for scenic beauty proponents.  It concludes that the realistic forecast for the foreseeable future is for more and larger billboards spread along more and more of both our urban and rural roadsides. 

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