Sandy Fisher v. City of Charleston, et al., No. 21356 (W. Va. December 16, 1992) (Brotherton, J.): 188 W.Va. 518, 425 S.E.2d 194:
Invalidating a city ordinance prohibiting the posting of political signs in residential areas, the Court held that, in order to control the use of noncommercial political signs on private property, (1) the government must have a legitimate interest in regulating the speech; (2) the restrictions which regulate the time, place, and manner of the speech must go no further than necessary to achieve that interest; and (3) the restrictions must not burden a substantial portion of the speech in a manner that does not advance that interest.
Judy Butler, dba Butler Video, etc., et al. v. Gregory Tucker, Prosecuting Attorney for Nicholas County, etc., et al., No. 19998 (W. Va. Apr. 2, 1992) (Brotherton, J): 187 W.Va. 145, 416 S.E.2d 262:
Rejecting a first amendment challenge to W. Va. Code § 7-1-4, which empowers county commissions to enact ordinances criminalizing the sale, distribution, display, or possession of "obscene" material, defined in accordance with Chief Justice Burger's 5-4 majority opinion in Miller v. California, 413 U.S. 15 (1973), the Court held that because the statutory definition of obscenity was consistent with the opinion in Miller, the statute and ordinance was not violative of the first amendment.