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1st Amendment and Free Speech/Political signs
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Question
I am running for city council in a city in michigan. My home owners assoc says I have to remove my sign or risk getting fined. Isnt this against my 1st amendment rights ? Both sides feel strongly.
thanks gary
Generlly speaking, an association may restrict use of signs without regard to content, but if they allow signs of any content (for example "For Sale" signs") they cannot limit similar political signs. If the restriciton is not content based, for example, they allow signs of only a certain size, those are usually allowed. But if the issue is the content of the sign, the First Amendment usually protects that. This recent Supreme Court decision addresses the issue in detail:
http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=u10373
Of course, this is just for your general information. For specific legal advice, you would need to speak with an attorney in your area who is more familiar with the local rules and facts surrounding your case.
I hope this helps!
- Mike
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Answers by Expert:
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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