LINMARK ASSOCIATES, INC. V. TOWNSHIP OF WILLINGBORO
431 U.S. 85 (1977)
NATURE OF THE CASE: This case presents the question whether the First Amendment permits a
municipality to prohibit the posting of 'For Sale' or 'Sold' signs when the municipality
acts to stem what it perceives as the flight of white homeowners from a racially integrated
community.
FACTS: The township of Willingboro enacted an ordinance that forbid the posting of For
Sale signs or Sold signs on property because of a problem it had with 'panic selling' --
that is, selling by whites who feared that the township was becoming all black, and that
property values would decline. Linmark Associates (P), a New Jersey corporation, owned a
piece of realty in the township. P brought this action against both the township and the
building inspector charged with enforcing the ban on 'For Sale' signs, seeking declaratory
and injunctive relief. The District Court granted a declaration of unconstitutionality, but
a divided Court of Appeals reversed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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