1st Amendment and Free Speech/Free speech and cutting grass

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Expert: - 5/24/2006


Question
Does choosing not to cut your grass in the front yard of your home fall under the protection of free speech?  In that, can a city government compel you to cut your grass?

Thank you.

Answer
Hi Chris,

I guess if you could make a plausable argument about what statement you are trying to make, it might fall under the expressive conduct doctrine of the First Amendment.  But generally, localities have local police power to implement any law that does not violate other protected rights.  Many locality have certain rules about upkeep of one's property.  If you plan to challenge such a law, I recommend you get a lawyer and be prepared for a fight.

- 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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