Are time limits on political signs constitutional

[RPinSEAZ]

Is a city ordinance limiting how long signs can be put up constitutional? If not, what can I do?


M. Political Signs. Temporary political signs
endorsing candidates or issues during any bona
fide governmental election are allowed subject
to the following requirements:

1. Political signs can be placed 60 days before
an election.

2. Political signs must be removed within 15
days following the election or termination of
the candidacy.

3. Political signs may have a maximum area of
16 square feet for each sign in a residential
zoning district and 32 square feet for each
sign in a nonresidential zoning district.
4. Each candidate, party, or issue

headquarters may be identified with any
legal temporary signage. Signs may have
a maximum aggregate area of 100 square
feet.

5. Political signs may be installed on private
property with the permission of the
property owner. Signs may be installed on
public rights-of-way in all zoning districts.
Signs must be installed in a location that is
not hazardous to public safety, obstructs
the clear vision area, or interferes with
ADA requirements.

6. Signs cannot be installed on any Cityowned
structures.
zoning district and 32 square feet for each
sign in a nonresidential zoning district.

[noxagol]

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.

[RPinSEAZ]

Congress didn't make the law, a city did. I know what the constitution says, but is there any case law interpreting political signs?

[Hurricane Bruiser]

Not sure on that. It could easily be argued that 60 days before an election is unconstitutional because campaigns start much earlier than 60 days before an election. I also do not see how making illegal having a political sign on private property ANY time could be in harmony with the first Amendment.

[tmg19103]

- Whitton v. Gladstone, 54 F.3d 1400 (8th Cir. 1995) - Ordinance deemed unconstitutional which limited placement or erection of political signs from thirty days prior to the election to which the sign pertains until seven days after the election.

- Dimas v. Warren, 939 F. Supp. 554 (E.D. Mich. 1996) - Ordinance deemed unconstitutional which prohibited posting of political yard signs earlier than forty-five days prior to any election, and ordering removal within seven days after.

- Orazio v. North Hempstead, 426 F. Supp. 1144 (E.D.N.Y. 1977) - Holding that no time limit on the display of pre-election political signs is permissible under the First Amendment.

- Antioch v. Candidates' Outdoor Graphic Serv., 557 F. Supp. 52 (N.D. Cal. 1982) - Ordinance deemed unconstitutional which limited display of political signs to the period of sixty days before election.

- Collier v. Tacoma, 854 P.2d 1046 (Wa. 1993) - Ordinance deemed unconstitutional which limited posting of political signs to the period sixty days prior to election and seven days after.

- Christensen v. Wheaton, 2000 U.S. Dist. LEXIS 1737 (N.D. Ill. 2000) - Granting preliminary injunction enjoining enforcement of ordinance the effect of which was to prohibit the display of political signs for more than thirty days.

- Curry v. Prince George's County, Maryland, 33 F. Supp. 2d 447 (D.C. Md. 1999) - Ordinance deemed unconstitutional that banned political signs in private residences for all but forty-five days before and ten days after an election.

[pennycat]

Just put the signs up. The more the better. Then, IF you get questioned tell code enforcement to stick it...er, on a telephone pole. Then call the local media and start crying about how the mean code enforcement is down on you. When code enforcement sees the ruckus in the papers, radio, and tv they'll change their tune. This works to our favor by getting people curious about why Dr. Paul has such ardent supporters!

Take it from me I have backed these people down a number of times. Stand up for your rights!

[RPinSEAZ]

Thanks for the help. I'm going to go ahead and put signs up with printouts of the the above cases and my email address on the back. We'll see if the signs are taken down.

[BLS]

Is a city ordinance limiting how long signs can be put up constitutional? If not, what can I do?


No, and I've personally fought and WON this exact same battle.

It's unconstitutional, because it's a form of censorship.

People in your town can likely post Real Estate signs anytime of the year, but not Political signs. That's censorship and I guarantee you can win if you stand up.

[BLS]

Congress didn't make the law, a city did. I know what the constitution says, but is there any case law interpreting political signs?


Ha ha...you need to learn something.

NO CITY, COUNTY, or STATE can make a law that violates the Constitution.

NONE.

[RPinSEAZ]

Ha ha...you need to learn something.

NO CITY, COUNTY, or STATE can make a law that violates the Constitution.

NONE.

My point was that often there are legal interpretations that allow laws/codes/whatever that infringe on our constitional rights. Gun control laws are an example and I was looking for case law supporting the unconstitutionality of it.

Something from the Supreme Court finding that political signs can't be banned on private property. CITY OF LADUE, et al., PETITIONERS v. MARGARET P. GILLEO