Two controversies raise issues of ethical line-drawing in state and local laws.

1. Sign or Art? Leavitt’s Country Bakery in Conway, a community of more than 10,000 people in New Hampshire, erected a colorful mural over the store in 2022. It was the creation of local high school art students showing sunbeams shining down on a mountain range made of sprinkle-covered chocolate and strawberry doughnuts, a blueberry muffin, a cinnamon roll and other pastries. The muralwas popular with everyone but the local zoning board, which ruled that the painting was not art but advertising. This meant it was a sign, and at about 90 square feet, four times bigger than the local sign ordinance allows. Lawyers for Conway insist that “restricting the size of signs serves the significant government interest of preserving the town’s aesthetics, promoting safety, and ensuring equal enforcement.” The store’s owner sued the town in federal court in 2023, saying his freedom of speech rights were being violated. He’s seeking a symbolic single dollar in damages.

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