This past week, I traveled through parts of Tennessee and Georgia to attend a concert (Train with Natasha Bedingfield and O.A.R.–fantastic!) and visit the University of Georgia School of Law (to plan the 2018 National Business Law Scholars conference). On that trip, I saw a number of billboards with religious messages–more than I remember having seen in the past. This set me to reflecting on the use of billboards–typically commercial space–for this purpose. I share a few observations today on that topic.
The messages on the billboards I saw appear to be important to the speakers who offer them. [Note that in this paragraph I am working from memory but have tried to describe what I saw as accurately as possible.] I saw several that were just printed with the word “JESUS” (in all capital letters, as I have written it here) and one that said: “TRUST JESUS” (again, in all caps, as written here) with a faded waving American flag in the background. But the most striking billboard that I saw was one that stated: “In the beginning God created everything,” a message that was accompanied on the left by a circle in which the Darwinian progression to humankind was depicted and across which there was a large “X.”
On the one hand, highway billboards are a great vehicle for the exercise of free speech. We are captive in our vehicles and generally bound to certain key routes when engaged in car travel over any significant distance. Other than distinctive local flora and buildings (as well as traffic, exit, and other roadside driving guidance), billboards are the primary visual as one drives on a highway. In fact, their size often makes them more attractive than those flowers, structures, and signage. (Although I have never missed an exit for a billboard, I have come close.)
The use of billboards for religious messaging does not convert the message to commercial speech (to the extent that question may be relevant to any free speech analysis).