Isabella Carter
Political signs are a form of expression protected by the First Amendment in the US Constitution. They are a means of communicating political opinions and are often used by campaigns to enlist volunteers to place signs in their yards or on public property. While the right to display political signs is protected, there may be some restrictions on when, where, and how they are displayed. For instance, displaying political signs at polling sites on election day may be prevented to allow people to exercise their right to vote without influence or intimidation. The definition of a political sign is broad and can include anything from supporting or opposing a candidate to advocating for or against an issue of public interest.
| Characteristics | Values |
|---|---|
| Legal protection | Political signs are protected by the First Amendment and are considered "core political speech". |
| Location | Political signs can be placed on private property, such as yards or windows, or on public property, with some restrictions. |
| Content | Political signs can include messages supporting or opposing a candidate, advocating for or against an issue on a ballot, or promoting a political party. |
| Timing | Political signs can be posted 90 days before an election and must be removed no later than 10 days after. |
| Size | There may be restrictions on the size of political signs, such as a limit of 36 square feet in some areas. |
| Number | There may be limits on the number of political signs allowed in certain areas, such as along roadsides or in front of properties. |
| Aesthetics | Political signs should be considered in the context of the surrounding community's architectural design and aesthetics. |
| Safety | Political signs should not create a public safety issue, obstruct traffic, or interfere with maintenance or construction. |
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What You'll Learn
The First Amendment and free speech
The First Amendment to the United States Constitution, adopted on December 15, 1791, prevents Congress from making laws that infringe on the freedom of speech, freedom of religion, freedom of the press, freedom of assembly, or the right to petition the government. This amendment protects political signs, which are considered "core political speech," from government interference and censorship. However, it's important to clarify what constitutes a political sign.
A political sign can be interpreted broadly; it is any sign that intends to influence an election, ballot proposition, or political issue and can include supporting or opposing a candidate, political party, or public issue. These signs are protected by the First Amendment, even if they contain offensive or curse words. For instance, a New Jersey woman displayed anti-Biden, pro-Trump signs with curse words, which were initially deemed obscene by local officials but later upheld by a state court under the First Amendment.
While the First Amendment protects political signs on private property, there are some reasonable restrictions. Towns can limit the number, placement, size, and characteristics of signs to address legitimate public concerns, such as preventing distracted driving with lighted signs. Content-based restrictions, which depend on the message, topic, or purpose, are generally unconstitutional unless the government can prove they are necessary to further a compelling state interest.
Additionally, displaying political signs on private property subject to a homeowners' association may have different legal rights. Courts balance the right to free speech with the association's interests, allowing reasonable limits on the location, size, and number of signs to maintain aesthetics.
It's worth noting that the First Amendment doesn't require others to agree with or listen to your message, and it doesn't protect against all forms of retaliation. For example, displaying political signs at polling sites on election day may be prevented to respect others' constitutional right to vote without influence or intimidation. Furthermore, while commercial speech is subject to greater regulation, the First Amendment protects against pre-publication censorship and ensures the freedom to assemble and petition the government.
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Private vs public property
The First Amendment protects political signs from government interference, and they are considered "core political speech". However, this does not mean that there are no limits to where and how they are displayed.
Private Property
Political signs displayed on private property are protected by the First Amendment. This includes signs in your yard, window, or on billboards. However, there are some restrictions. For example, while a blanket ban on political signs is likely unconstitutional, restrictions on the location, size, and number of signs are generally allowed. These restrictions are often imposed by homeowners' associations (HOAs), which are private entities not subject to the same constitutional limitations as the government. HOAs can restrict signs based on state law, safety concerns, or maintaining the aesthetics of the community.
Public Property
Political signs on public property are subject to different regulations. While the First Amendment protects your right to express your political views, there may be reasonable limits on the number, placement, size, and physical characteristics of signs. These restrictions must be content-neutral and apply uniformly to all signs to be constitutional. For example, a city may prohibit all lighted signs to prevent distracted driving, or restrict signs on sidewalks to prevent clutter.
It is important to note that municipalities and states may have their own specific regulations regarding political signs on both private and public property. These regulations can include time limits on signs during election periods, size restrictions, and safety considerations, especially for signs placed near highways or roads.
In conclusion, while the First Amendment protects political speech, there are still some limitations on the display of political signs, particularly regarding safety and uniformity in public spaces. Private property owners have more leeway in displaying political signs, but may still be subject to certain restrictions, especially if they are part of an HOA.
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Content-based restrictions
Political signs are a form of ""core political speech"" and are protected by the First Amendment, which also protects speech from government interference. This means that political signs are largely protected from government censorship. However, this is not absolute, and there are some content-based restrictions on when, where, and how political signs can be displayed.
While displaying political signs on your property is a fundamental practice of free speech, local governments can place reasonable restrictions on signs as long as they do not discriminate based on the sign's message or content. Towns may limit the number, placement, size, and other physical characteristics of signs. For example, an ordinance banning all lighted signs to prevent distracted driving would likely be permissible. Towns can also prohibit political signs on public property in certain cases.
It is important to note that if your property is subject to the rules of a homeowners' association, your legal rights may be different. Homeowners' associations are private organizations and are given more leeway by courts to limit how residents display political signs. While a blanket ban on political signs would likely be unconstitutional, associations can institute reasonable limits on the location, size, and number of political signs to maintain a community's architectural design and aesthetics.
When posting a political sign, it is recommended to use lightweight materials and supports to reduce safety risks and interference with maintenance. Political signs should also be installed as far from the edge of the traffic lane as possible and as low as possible. It is also recommended to get permission from the property owner before posting a sign on or in front of their property.
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Temporary nature of signs
The temporary nature of political signs is an important aspect of their legality and protection under the First Amendment. While political signs are generally protected by the First Amendment, certain restrictions and regulations apply, particularly regarding their temporary nature.
Political signs are considered temporary signs, which means they are typically erected for a specific period leading up to an election or ballot proposition and must be removed shortly after. The specific time frame may vary depending on local and state laws, but a common guideline is that political signs may be posted 90 days before an election and must be removed no later than 10 days after the election. This temporary aspect is crucial to their legal status, as it ensures that the signs are directly related to the political process and are not intended to be permanent fixtures.
The temporary nature of political signs also intersects with the issue of placement and location. While displaying political signs on private property, such as one's yard or window, is generally protected as free speech, placing signs on public property or right-of-ways may be more restricted. Some municipalities and counties have specific regulations regarding the placement of temporary political signs, ensuring they do not interfere with public safety, transportation, or maintenance. For example, signs should not block sight distances at intersections or hinder pedestrian and bicycle use of road shoulders.
Additionally, the materials used for temporary political signs are also considered. Using lightweight materials, such as cardboard or lightweight plastic, and installing them on lightweight supports like wood stakes or wire frames, reduces the risk of creating a safety hazard for vehicles or pedestrians. This consideration for safety and the temporary nature of the signs often guides the regulations surrounding their placement and removal.
It is worth noting that while the temporary nature of political signs is essential for their legality, the definition of "temporary" may vary depending on local and state laws. The specific regulations regarding the timing, placement, and removal of political signs can differ across jurisdictions, and it is important to refer to the relevant local and state laws when dealing with political signage.
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Safety and aesthetic concerns
Political signs are a form of free speech and expression protected under the First Amendment and the US Constitution. While this right is not absolute, it does allow citizens to express their political opinions on signs, whether in their yards, windows, or on public property. However, safety and aesthetic concerns have led to certain restrictions and guidelines for displaying political signs.
One of the primary safety concerns is ensuring that political signs do not create a public safety issue, especially when placed in public spaces or along roadsides. For example, signs should not obstruct sight distances at intersections and driveways, hinder pedestrian and bicycle movement, or interfere with road maintenance and construction. To mitigate these risks, signs should be constructed from lightweight materials and installed on lightweight supports, ensuring they don't pose a hazard to vehicles or pedestrians.
In terms of aesthetics, the practice of "peppering" roadsides with multiple signs for the same candidate or issue is often considered unsightly and akin to roadside litter. This can also distract from important traffic signs and negatively impact the overall appearance of a community. As a result, many municipalities have adopted ordinances that place restrictions on the number, placement, size, and physical characteristics of signs to maintain the community's architectural design and aesthetics.
While content-based restrictions on political signs are generally unconstitutional, reasonable limits that apply uniformly to all signs and address legitimate public concerns are permitted. For instance, ordinances prohibiting lighted signs to prevent distracted driving or limiting the number of signs per property are generally acceptable. Additionally, homeowners' associations, as private organizations, have more leeway to impose reasonable limits on the location, size, and number of political signs to preserve the desired aesthetics of the community.
It is important to note that these restrictions must not discriminate based on the sign's message or content and should apply equally to all types of signs. Ultimately, the goal is to balance the right to free speech and expression with the need to ensure public safety and maintain the visual appeal of communities.
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Frequently asked questions
A political sign is any sign that serves to influence, is intended to influence, or is commonly erected to influence an election or ballot proposition. This includes signs that advocate for or against a candidate running for office, a political party, or a public issue decided by ballot.
Political signs are largely protected by the First Amendment, but local governments can place reasonable restrictions on where they are displayed. The safest place to put up a political sign is on your own private property, as displaying political signs on your property is protected under the US Constitution and the New Jersey Constitution. If you want to put up a sign on public property, you should check your local guidelines.
Yes, there may be restrictions on the number, placement, size, and other physical characteristics of signs. For example, some places have restrictions on lighted signs, while others disallow signs on street frontages. There may also be restrictions on the content of the sign, such as in the case of obscene or defamatory language.
Political signs may be posted 90 days before an election and must be removed no later than 10 days after the election.
