[1] Concerned that white flight might occur, it enacted an ordinance in 1974 that prohibited its residents from having a "for sale" or "sold" sign on any real estate within the township.

It was believed that by preventing the posting of these signs, residents would not know if a large number of white homeowners were attempting to sell their houses and move from the township at the same time.

Linmark Associates owned property that was for sale when the ordinance was passed, and filed suit in federal district court seeking declaratory and injunctive relief.

Although the purpose of the Willingboro law was to prevent irrational decisionmaking by white homeowners by keeping information on the status of real estate from them, the First Amendment does not permit the government to make such a statute.

As there was no meaningful difference between the township's ordinance and the statute overturned in the Virginia State Pharmacy Board case, the Court concluded that the Willingboro violated the First Amendment.