California, United States of America
The following excerpt is from Pacific Legal Foundation v. California Coastal Com., 188 Cal.Rptr. 104, 33 Cal.3d 158, 655 P.2d 306 (Cal. 1982):
8 Referring to a number of First Amendment cases (see, e.g., People v. Glaze (1980) 27 Cal.3d 841, 166 Cal.Rptr. 859, 614 P.2d 201; People v. Fogelson (1978) 21 Cal.3d 158, 145 Cal.Rptr. 542, 577 P.2d 677), plaintiffs speciously contend that facial review of the guidelines is appropriate because the mere presence of the guidelines chills the exercise of constitutionally protected private property rights. The cited cases are entirely inapposite; they rest on the traditional preferred place of the First Amendment in our system of government and the fragile nature of First Amendment rights. It would require truly contorted logic to extend them to the land use context.
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