Photograph: Brendan Mcdermid/Reuters

Distributed yesterday morning to surprised NYC commuters, the paper replaced the oft frivolous Post content with imperative stories about climates change, while keeping all other elements equal. The idea was that Post readers do care about climate change (by virtue of their desire to remain both comfortable and alive), the paper just needs some assistance finding their greener voice. Generously, we were there to offer a helping hand — demonstrating how the Post could use their hallmark writing style and pun-ny headlines to tackle important environmental issues. Read all of the articles here.

The ads seek to remind consumers of the commonsense value of what they already have, rather than enticing them to buy anything new. Can you imagine the sheer brilliance of tap water — it is delicious, refreshing, and LITERALLY comes out of your faucet…and doesn’t cost $1.50 a pop! Can you think of a single earnestly advertised product that rivals tap water’s miraculousness??

Now, the city has three full time people working on the code-enforcement detail stopping illegal billboards. Unfortunately, San Franciscans who don’t want to be bombarded with billboards across the city-scape have a new problem to contend with… the billboard industry’s legal team.

As this article in today’s San Francisco Chronicle explains, although the city has issued citations in over 250 cases, almost none of the fines have been paid by the billboard owners.

According to city Planning Department officials, a three-person enforcement team has located more than 250 illegal billboards and sought fines against the company owners and landlords totaling about $1.5 million. Only $50,500 of that has been collected, however, in part because the majority of the fines are tied up in unresolved legal actions. “We’re trying to stop any new billboards from going up and finding the ones that have been put up without permits,” said Dan Sider, the city planner in charge of the program. “Outdoor advertising is a lucrative industry, so the companies are hiring very skilled lawyers who are waging legal challenges.” It didn’t take long for the outdoor advertising industry, which handles $7.2 billion in business each year, to file legal challenges. Two cases recently argued in Los Angeles federal district court may not bode well for San Francisco. In both cases – which are now pending at the Ninth Circuit Court of Appeals – the district courts ruled that restrictions on billboards are not enforceable because they violated the Constitution. In one case, the court ruled that Los Angeles created a double standard by restricting private advertising signs, but simultaneously sold ad space on bus shelters and other public places. “It’s a violation of the First Amendment if the city allows some signs, but not others without justification,” said Rex Heinke, a Los Angeles attorney, who is representing a company in one of the Los Angeles cases.

I guess we’ll have to see what the Ninth Circuit Court of Appeals (also located in San Francisco) has to say about this issue. Once again the business interests fall back on the First Amendment to purportedly protect their trampling on the public’s enjoyment of a blight-free public space. Of course, the First Amendment, as any grade school kid will tell you, is the right to free speech enshrined in the Constitution. However, the right is not absolute, but rather elastic. It applies absolutely to some speech and less so to others. The most protected is political speech, while commercial speech requires much less deference. It remains to be seen how much import the judges on the Ninth Circuit will attach to visual clutter…

A billboard company has canceled its contract to display one of photographer Suzanne Opton’s portraits of active-duty soldiers on an outdoor space in St. Paul, Minnesota, site of the Republican National Convention. Opton, a New York-based photographer, shot her “Soldiers Faces” series at Fort Drum, in New York State, between 2004 and 2005, with the permission of the soldiers and their commanders. Having exhibited the portraits in galleries around the U.S., this year Opton launched the “Soldier Billboard Project,” a program to display the images on public billboards in five U.S. cities.

One of her images was to go on display on a billboard in St. Paul last, but CBS Outdoor, which controls the space, canceled the contract. In an email sent to Opton last week, CBS Outdoor Executive Vice President of Marketing Jodi Senese wrote, “The reason we have advised you that we cannot post these as billboards is that out-of-context (neither in a museum setting or website) the images, as stand-alone highway or city billboards, appear to be deceased soldiers. The presentation in this manner could be perceived as being disrespectful to the men and women in our armed forces.”

Each portrait in Opton’s series is a close up of a soldier as he rests his face on a table.

In August, Opton’s photo of a soldier who had served 120 days in Afghanistan was displayed on a billboard in Denver, site of the Democratic Party’s convention. The Denver billboard was arranged with support from the Denver Museum of Contemporary Art. According to a press statement from Opton, other soldier billboards are planned for Houston (with help from DiverseWorks ArtSpace), Atlanta (Atlanta Contemporary Art Center) and Miami. The “Soldier Billboard Project” is supported by funding from the New York Foundation for the Arts.

“We have every intention of moving forward with our plans,” said Susan Reynolds, curator of the Billboard Project.

The nine images that make up “Soldier Billboard Project” are on view at www.soldiersface.com.

thanks Alice Arnold

More on billboards denied for anti-war content:
Minnesota ant-war video billboard
“All your arguments about (free) speech are ridiculous”
2004 – Group sues over anti-war billboard and wins (er, settles)