If A Town Does Not Allow A Political Sign To Be Displayed On Private Property, Is That A Violation Of Freedom Of Speech?

[salvadore94]

I was forced to take down my Hillary for president sign simply because of a "no political sign" ordinance in the town. The sign was by my front door(private house). It was not placed in the right of way and in no way hindered site visitors or pedestrians. Is this sort of ordinance really legal?

[Hazaiah]

Potential Bias Alert: I have ZERO enjoy for Hillary. It appears to me that obtaining political indicators is Exactly the sort of speech that the First Amendment says should not be infringed. The only way barring your display of the sign could reasonably be curtailed is if it brought on some other issue like hindering traffic or being a physical hazard of some selection but you've covered that. I'm an old-fashioned type of guy, believing in explanation and such, and that the Constitution signifies Specifically what it says. Sounds like the Constitution would cover you in this case.

[Croften]

There are two competing values at play in your query.   The initial is the appropriate of the neighborhood government to exericise its police powers to regulate signage.   The second is your proper to express support for a candidate of your decision.   Both are essential political rights. You could ask two Initial Amendment scholars this question and get two divergent answers.   Constitutional Law is 1 of those murky subjects that involve guessing what a court would do if faced with the queston. Since lawyers aren?t fortune tellers, the only way that you?d no for absolutely certain would be to litigate the matter.   Have you regarded as asking a pro-bono organization to take on the case?

[Donnelly]

[Eadger]

They can ban political signs on public but not private property. Go to the ACLU website and make contact with them. I believe that this is the kind of case that they would love.

[DevIyn]

Signs A year ago as a member of our city Planning Commission I was involved in rewriting our sign ordinance. NOT a fun time.  But as part of our process, alot of research was done as far as regulating political signs. We defined political signs as a temporary sign, and so they are regulated under the same rules as any other temporary sign--restricted by size, mainly, and how long they can be up.   But you have to remember, those with the final say in those signs are the ones who benefit from them too, so most city officials kind of like being able to display political signs, as they will benefit from them themselves!  But there is no way they can say you can't have ANY political signs.  That would violate your rights.   Your info says you are from Springfield, Illinois, and your city code says this about temporary signs, including political ones:  (b)   Temporary signs permitted in all zones.   (1)   Temporary signs may be posted on property in all zones of the city, subject to the following requirements and those applicable provisions stated elsewhere in the City?s Code of Ordinance.(2)   The total square footage for temporary signs posted on a zoning lot shall not exceed: a.   Twelve square feet in the single family and duplex residential districts(R-1 and R-2); b.   Fifty square feet for permitted non-residential uses in the single family and duplex residential districts; c.   Fifty square feet in the multi-family and office districts(R-3 and OFF districts); d.   One hundred square feet in the commercial uses category(S-1, S-2, S-3 and B-1 districts); e.   Two hundred square feet in the business and industrial use category(B-2, I-1 and I-2 districts) in the aggregate. The total square footage of a sign is measured to include all of the visible display area of one side of the sign.(3)   No temporary sign shall obstruct or impair access to a public sidewalk, public or private street or driveway, traffic control sign, bus stop, fire hydrant, or any other type of street furniture, or otherwise create a hazard, including a tripping hazard.(4)   A temporary sign shall be designed to be stable under all weather conditions, including high winds.(5)   No temporary sign shall be illuminated, except upon prior issuance of a permit by the building and zoning department. Any such permit shall be valid only for a period of three consecutive days. Only one such permit shall be allowed on the same property within a four-month period.(6)   A temporary sign shall only be posted with the consent of the property owner or occupant.(7)   Temporary signs for events concluding on a specific date may be displayed for a period of 60 days prior to the conclusion of the event. Temporary signs for events with no specific date of conclusion may be displayed throughout the event. Temporary signs must be removed 14 days following the conclusion of an event.(8)   Other than lettering and graphics painted on and used to identify the owner of a demonstration sign, a temporary sign shall not advertise or promote any commercial enterprise or event not conducted on the same zoning lot.   They might have gotten you on the RED parts here!!   Here is a interesting article regarding this same issue in other towns: http://www.firstamendmentcenter.org/news.aspx?id=14059       Poppet! 78 months ago Please sign in to give a compliment. Please verify your account to give a compliment. Please sign in to send a message. Please verify your account to send a message.