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Republican U.S. vice presidential candidate Gov. Sarah Palin (R-AL) speaks at a campaign rally at Rickenbacher Field on November 2, 2008 in Columbus, Ohio. Palin and Republican presidential nominee Sen. John McCain (R-AZ) continue to campaign in battleground states before the election on November 4.
Jeffrey Herson wanted to erect a billboard next to Highway 101 in San Carlos that said "Palin for President 2012" and "No on measure C, Nov. 4, 2012" but city officials rejected his application. Herson sued, claiming the city was violating his right to free speech.
A federal judge on Monday threw out the case. The decision is based on city rules, which have banned billboard structures for decades.
"If (Herson's) interpretation that was argued today was upheld, that the whole sign ordinance had to be thrown out, a billboard could go anywhere in the city," City Attorney Greg Rubens told the Palo Alto Daily News. "Can you imagine a world with a billboard on top of every hilltop?"
But Herson's not quitting halfway through his effort. His attorney says Herson is "highly likely" to appeal.
"This case truly is about one person," Herson's attorney, Dennis Zell said, "one American being denied the right to post a political advertisement under an ordinance that allows the same size sign to display commercial messages."