American Institute of Certified Planners (AICP) Practice Exam

Which amendment is likely violated by a zoning regulation restricting the types of signs placed in the community?

1. 1st Amendment.

2. 2nd Amendment.

3. 5th Amendment.

4. 8th Amendment.

The correct answer is: 1st Amendment.

The First Amendment is likely violated by a zoning regulation that restricts the types of signs placed in the community because it addresses the freedom of speech. Signs are a form of expression, and restrictions on signs can impede individuals' and businesses' rights to communicate ideas and information to the public. The First Amendment protects not only verbal or written communication but also symbolic speech, which can include signs, banners, and other forms of visual communication. When a zoning regulation imposes limitations on the content, size, or placement of signs, it can potentially infringe upon this fundamental right. The courts often analyze such regulations under a strict scrutiny standard, particularly if they appear to suppress certain viewpoints or messages. In contrast, the other amendments listed do not directly pertain to this issue. The Second Amendment relates to the right to bear arms, the Fifth Amendment is concerned with the due process of law and property rights, and the Eighth Amendment addresses cruel and unusual punishment. Therefore, these other amendments would not typically be relevant in discussions about zoning regulations impacting the display of signs.