Expert: Michael Troy - 2/20/2011

Question
i have a question maybe you can help me with. I painted "Support Your Troops" on my fence on my property. My neighbor had gone above and beyond to hid my message. Cementing containers with chain link fence posts and tying a plastic wicker to hide my message of support. I am second in from the corner so as you drive or walk down our adjoining street you can see it. Is he in his legal right to hide my message? I have two sons who serve in the Army, one just returned home from a year long tour and the other is shipping out nest month.
Thank you,

Answer
Hi Jenny,

The First Amendment only prohibits government suppression of speech.  It does not apply to private individuals.  Your situation would be governed by property rights and possibly local zoning regulations.

I obviously cannot provide legal advice in this forum related to local law, but it is likely that if any of the obstructions are placed on your property, your neighbor has committed trespass, and possibly vandalism.  If your neighbor is putting things on his own property and simply preventing people from seeing the sign he may well be within his rights unless there is some local law or zoning regulation that would prevent such obstructions.  But the First Amendment guarantees of free speech are of no help to you against a private party.

If you want to pursue this, you may want to raise the question with an attorney in your area, or with local police to evaluate zoning rules that may apply.  However, my experience over the years is that when neighbors fight, even when one wins, the lingering hostility and tension just may make live miserable for both you.  You might want to consider going and talking with your neighbor in a polite and friendly way (maybe even being over some cookies or something).  Explain your feelings as to why you posted the sign and how important it is to you.  It may help him to understand where you are coming from, and perhaps you can better understand why he has acted the way he has.  If the two of you can come to a reasonable understanding, it will make both your lives better.   If you go the legal route, you may only end up starting a mini-war of your own.  I have seen it happen before, and no one wins.

I hope this helps!
- Mike