Expressing your support for a political candidate/leader with a yard/lawn sign is a very common thing. However, as an expression form, it could collide with a city or municipal statute that limits or bans the time or timeframe of displaying political yard signs.
The biggest question is whether the urban body regulations create any infringement of the rights of citizens and political candidates or not. Let’s find out.
- You’ll come across certain city officials or municipal departments that claim that limiting yard signs creates a lot of state interests, which include traffic safety and overall area aesthetics.
- However, people opposing these laws opine that unlike large billboards looming on public roads, yard signs don’t reduce or block traffic/traffic safety in any way.
- People also contend that in campaign signs, the purport of political speech/message is more important that aesthetic aspects or interests.
- The Supreme Court of America unanimously rejected a well-known ordinance, stating that residential board signs were respectable tools of communication. They are both important and unique.
- Displaying a political sign from your residence primarily carries a distinct and different message from a sign on the streets.
- However, condo and homeowners’ associations have a different situation in this regard.
On the laws
Statutes mandating the placement of yard signs vary from one state to another, and one community to another. Considering the fact that the US Constitution protects your right to communicate your political preferences/messages through yard signs, local communities and states may still modify or regulate the placement or/and removal of these political signs.
- Most local and state laws underline the areas where you can place the political signs and specify those who can remove them.
- For yard signs on private property, the Supreme court says that their display doesn’t fall under the jurisdiction of towns and local municipal bodies. Nobody has challenged or overturned this decision.
- For yard signs on public property, you may not prohibit them on parking strips or in the area between the sidewalk and curb. You can, however, exclude them in traffic and median circles.
- This restriction applies to every type of sign. If you’re placing a yard sign in the parking strip, you need to take the abutting owner’s consent first.
A case study
Alabama law is crystal clear. It prohibits parties from posting electioneering communication on highways. You must keep your political signs off the state roadways. The Alabama state removes all signages violating this law.
If you’re part of a political campaign in California, you’ve to follow certain rules. Don’t pace yard signs in the middle of any highway. The signs mustn’t be visible with a strict 660 feet from the right-of-way’s edge. It includes a classified freeway.
Make sure you mention a sponsorship group as a disclaimer. You also need to mention the top two sponsors or donors, who made contributions above $50,000. If a candidate funds your sign, mention that in the disclaimer.
Section 106.143 of Florida Law necessitates political signages to specify sponsorship disclosures. They include political advertisement from a party affiliation, candidate, or office.
