Omar Bennett
Political campaign signs are a form of speech that is protected by the First Amendment. However, this does not mean that they cannot be regulated by local governments. The U.S. Supreme Court has ruled that political signage is a decidedly unique and historical medium that may have no practical substitute. Local governments may regulate the placement and removal of campaign signs, but these regulations must be content-neutral and based on physical attributes such as material, number, dimensions, condition, and location. This means that a county can regulate the number of political campaign signs, but only if it does so in a way that does not target the content of the signs.
| Characteristics | Values |
|---|---|
| Can a county regulate the number of political campaign signs? | Yes, but only in certain circumstances. |
| What is a political sign? | Any sign that intends to advance a message or cause, such as supporting a candidate, advocating for a ballot measure, or opposing a policy. |
| Where can political signs be placed? | Private real property with the owner's consent, not on public lands or state highways/routes. |
| Can political signs be placed at polling sites? | No, all states and the District of Columbia regulate electioneering at voting sites. |
| Can a county remove political signs? | Yes, but only if they violate specific conditions, such as posing an emergency or violating state laws or county ordinances. |
| Can a county restrict the time for displaying political signs? | Pre-election time restrictions are unconstitutional, but reasonable post-election time restrictions for removal are allowed. |
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What You'll Learn
Counties must take a content-neutral approach
The Supreme Court has ruled that political signage is a "decidedly unique and historical medium" that may have "no practical substitute." This ruling highlights the importance of political signs as a means of political expression, especially during election campaigns. As a result, counties must respect the right of citizens to display political signs while also enforcing regulations that ensure public safety and maintain the aesthetics of public spaces.
To achieve this balance, counties can implement regulations that are content-neutral. For example, regulations may specify the number of signs allowed per household or establish designated areas where political signs can be displayed. These regulations should apply equally to all signs, regardless of their political message or affiliation. Additionally, counties can require that political signs include specific information, such as the name and contact information of the candidate or campaign committee. This ensures transparency and accountability while still remaining content-neutral.
It is important to note that counties should generally avoid imposing time-based restrictions on political signs, as these regulations may be deemed unconstitutional. The Supreme Court has ruled that pre-election time restrictions on posting political signs violate federal law. Similarly, post-election time limits on sign removal may also be unconstitutional, as the Supreme Court has ruled that local governments cannot regulate the removal of political yard signs.
In summary, counties must take a content-neutral approach when regulating the number of political campaign signs. This means basing regulations on objective criteria such as the number, size, and location of signs, while respecting citizens' right to free speech and political expression. By doing so, counties can maintain a fair and impartial approach to regulating political campaign signs during election seasons.
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Regulation of signs on private property
The regulation of signs on private property is a complex issue that involves a balance between the right to free speech and the interests of the local community. In the United States, the First Amendment protects the right to express political opinions, and this includes the display of political signs on private property. However, this right is not absolute, and there are certain limitations and regulations in place that govern the placement and removal of these signs.
The US Supreme Court has taken up the issue of political signage on multiple occasions, ruling that the display of political signs on residential property is a unique, important, and protected means of communication. In the case of Reed v. Town of Gilbert, the Court held that governments must take a content-neutral approach to sign regulation, basing these regulations on physical and non-content-based attributes such as material, number, dimensions, condition, and location. This means that political signs cannot be regulated more stringently than other types of signs, and any regulations must apply equally to all signs.
While the specific regulations vary from state to state and community to community, there are some general guidelines that apply to the placement of political signs on private property. For example, political signs are typically allowed in the area between the street and the sidewalk, commonly referred to as the "parking strip" or "planting strip," as these areas are considered a traditional public forum. However, they may be prohibited in other portions of the right-of-way, such as medians, traffic circles, roadways, and sidewalks, as well as areas that pose safety concerns. Additionally, political signs may be subject to time restrictions, such as being allowed only during a specific period before and after an election.
It is important to note that the regulations for political signs on private property may differ depending on the specific state and local laws. For example, in Texas, the display of political signs on private real property requires the consent of the property owner, and there are specific notice requirements for political advertising signs. Therefore, it is essential to refer to the specific laws and regulations in your state or community to understand the exact rules governing the regulation of signs on private property.
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Time limits on political signs
Political signs are a form of speech that is protected by the First Amendment. However, this does not mean that they cannot be regulated. Political signs can be regulated by the government or local authorities, but these regulations must be content-neutral and based on non-content-based attributes such as material, number, dimensions, condition, and location.
In the case of Reed v. Town of Gilbert, Arizona, the Supreme Court ruled that a town's code that treated various categories of non-commercial signs differently based on the information they conveyed violated the First Amendment. This means that political signs cannot be regulated differently from other non-commercial temporary signs.
In Washington State, the Reed decision must be considered alongside state law, which limits certain restrictions on the placement of political signs. In the case of Collier v. Tacoma (1993), the Washington State Supreme Court struck down strict time and place limitations on political signs in areas considered traditional public forums, such as the "parking strip" or "planting strip."
The Collier court also upheld a 10-day post-election sign removal requirement, recognizing that the rights of political expression are reduced after an election. It determined that a local government's interest in aesthetics and traffic safety outweighed individual rights in this case.
While the First Amendment protects political speech, there are limits to how and where political signs can be displayed. These limits apply to all signs and are considered content-neutral, requiring the government to show a significant interest in regulating them, such as public safety or aesthetics. On private property, there may be restrictions on the size and placement of signs to ensure safety and access for emergency services.
In states and localities without specific regulations on political signs, homeowners' associations (HOAs) may impose their own rules. Some states prohibit HOAs from restricting political signs, while others allow limited restrictions, such as limiting the number of days they can be displayed or the size of the sign.
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Electioneering at voting sites
Electioneering is a broad term used to describe various forms of political advocacy and campaigning. This includes holding political signs, distributing materials, wearing candidate-specific clothing, asking people to sign petitions, or attempting to persuade someone to vote a certain way.
All states and the District of Columbia regulate electioneering at voting sites, but the specific rules vary. For example, as of December 31, 2023, 21 states prohibited campaign apparel, buttons, stickers, and placards, while 38 states and Washington, D.C., banned campaign materials, signs, banners, and literature. Additionally, 28 states outlawed influencing voters, soliciting votes, and political persuasion, and 17 states, along with Washington, D.C., prohibited circulating petitions and soliciting signatures. These restrictions are often based on the distance from the polling site entrance, typically around 50 feet.
While political signs are a form of protected speech under the First Amendment, they are still subject to some regulations. For instance, a city, town, or county may prohibit the installation of signs on structures it owns, and they can also regulate the placement of signs based on safety and aesthetic concerns. Furthermore, the U.S. Supreme Court has ruled that jurisdictions must take a content-neutral approach to sign regulation, focusing on attributes such as material, number, dimensions, condition, and location.
In addition to local regulations, there are also federal laws that impact electioneering at voting sites. For example, federal law establishes a uniform Election Day for federal elections, and it prohibits foreign nationals from registering to vote or voting in federal elections. The Department of Homeland Security is required to share database information with states to help maintain accurate voter registration lists.
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First Amendment protections
Political signs are protected by the First Amendment as a form of free speech. The US Supreme Court has affirmed that displaying signs is a fundamental part of showing support for a candidate or issue, and this speech is considered "core political speech". This means that any laws or regulations attempting to control what people say or display on signs must meet a high standard ("strict scrutiny") to avoid violating the First Amendment.
However, the First Amendment does not provide absolute protection for political signs. While political signs are generally allowed in yards, on cars, at protests, or in other similar contexts, there are some limitations on where and how they can be displayed. For example, local governments may prohibit temporary political signs in certain areas, such as parking strips adjacent to public property, medians, traffic circles, and areas that raise safety concerns.
Additionally, while the content of the signs themselves is generally protected, there may be restrictions on the physical characteristics of the signs, such as their number, dimensions, condition, and location. These regulations must be content-neutral and based on non-content-based attributes. For example, a city, town, or county may prohibit the installation of signs on structures owned by the jurisdiction.
It is important to note that the First Amendment does not protect against private property owners or authorized agents from removing, altering, defacing, or covering political signs, as long as it is done with or without the owner's permission.
Furthermore, there are regulations specifically for electioneering, which refers to various forms of political advocacy and campaigning at polling sites. These regulations vary across states but may include restrictions on campaign apparel, buttons, stickers, placards, materials, signs, banners, literature, and influencing voters.
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Frequently asked questions
A political sign is any sign that intends to advance a message or cause related to politics or a political issue. This includes signs that support or oppose a candidate, advocate for or against an issue on a ballot, or a general statement that conveys a political message.
Counties can regulate the number of political campaign signs, but they must take a content-neutral approach. Regulations must be based on non-content-based attributes such as the material, dimensions, condition, and location of the signs. Counties cannot treat political signs differently from other types of signs based on their message.
Yes, there are restrictions on the placement of political campaign signs. Political signs cannot be placed on public lands or state highways and routes. Local regulations may also restrict the placement of signs in certain areas, such as medians, traffic circles, and sidewalks, to ensure traffic safety and maintain aesthetics.
No, political campaign signs are generally prohibited at polling sites. All states and the District of Columbia regulate electioneering at voting sites, and most states prohibit campaign materials, signs, and literature within a certain distance of the polling site entrance.
Violating regulations related to political campaign signs can result in legal consequences. For example, in Texas, placing a political advertising sign without the required notice is considered a Class C misdemeanor. Additionally, local jurisdictions may have their own enforcement measures, such as fines or removal of the signs.
