1st Amendment and Free Speech/Crosses of Lafayette, CA

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Expert: - 3/22/2007


Question
can you tell me if what is going on in Lafayette, CA is a restriction on the freedom of speech.  citizen of the city went to the councel and asked to have the sign removed the city said that the crosses could stay but the sign had to be reduced in size.  Is there and ordinace in the city that sayes the there can be no billboars.  Because if they say that the political sign has to be reduced in size that would put commercial speech over political speech.  Also the sign is on private property.
Please advise  

Answer
Hi David,

I'm really not familiar with the specific circumstances of the case in Lafayette, CA.  However, generally speaking, the First Amendment does not allow for content discrimination among rules on signs.  If there is a size restriction on all signs, that would usually be ok.  If the city is only putting the restriction on certain signs because of content, that usually runs afoul of the First Amendment.

I hope this helps!  

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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