1st Amendment and Free Speech/sign on my front yard

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Question
I am a homeowner in a new development. There are three house so far with five more sites for sale. One of the three is a model home where they have open house each week. Both my neighbors' driveway and mine have completely crumbled after less the two years and the builder will not take responsibility. The model home also had concrete issues but they replaced it. I would like to put a sign on my front lawn bringing notice to the driveway for those potential new homeowners. I am hoping the builder will take the heat and step up to his responsibilities. Can i put a sign stating negative remarks about the builder?

Answer
Hi Deborah,

Sorry to hear about your situation.  Please keep in mind that I cannot provide legal advice in this forum.  For that, you would need to consult with an attorney in your State.

I will say that generally speaking, such signs are protected under the First Amendment.  Developments or towns may have zoning laws that restrict the size or placement of signs, but generally they may not ban signs based on content.  If others have signs (such as "for sale" signs, or signs put up by contractors) that is a good indication there is no particular ban on signs in your area.

Also, be sure that you do not make false statements about anyone, which could subject you to a libel suit.  You are free to state the truth, or your opinion.  Just don't state any false and defamatory facts (e.g. "he stole our money").

I hope this helps!
- Mike  

1st Amendment and Free Speech

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Michael Troy

Expertise

I will answer general questions regarding freedom of speech, petition, or religion. I specialize in cases involving public employment or education, as well as issues related to campaign finance. But I can`t give specific legal advice involving specific cases you might have.

Experience

As an attorney for the Center for Individual Rights, I worked on a number of free speech cases, including Rosenberger v. Univ. of Virginia, in which the Supreme Court upheld my clients' right to run a student newspaper without discrimination because of its religious conent. I also worked on White v. Julian, which protected the right of people to protest against a homeless shelter in their neighborhood.

I also worked for the Federal Election Commission on several cases regarding the right to participate in the election process.

Organizations
Former Attorney for Center for Individual Rights.

Publications
Washington Post
Washington Times

Education/Credentials
J.D. from Univ. of Michigan Law School

Awards and Honors
Truman Scholar

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