Is the city code's distinction between on- and off-premise signs a facially unconstitutional content-based regulation under Reed?

QUESTION PRESENTED Austin sign code provisions distinguish between on-premise and off-premise signs based solely on location. From this distinction—and unrelated to what message is conveyed—the sign code establishes a technology-based rule about how a sign’s message may be conveyed. On-premise signs may be digitized, and offpremise signs may not. Billboard companies sought permits to digitize 84 signs—and sued the city when the permits were denied. The Fifth Circuit ruled that the First Amendment invalidated the challenged provisions, holding that the distinction is content-based under Reed v. Town of Gilbert and fails the strict scrutiny test. The question presented is: Is the city code’s distinction between onand off-premise signs a facially unconstitutional contentbased regulation under Reed?