Barber erected a sign on his property facing Interstate 20 in west Texas. The sign said "Just Say NO to Searches" and gave a phone number. Callers received information about a citizen's constitutional rights regarding police searches of automobiles.
The Texas Department of Transportation sent Barber a letter telling him that the sign violated the Highway Beautification Act and that he must remove the sign or obtain a permit from the Department to have a sign that complies with Department regulations. The trial court ordered Barber to remove the sign and to pay the Department's attorney's fees. He appealed.