Some litigants have sought to satisfy the state-action doctrine by invoking the plight of homeowners in the landmark U.S. Supreme Court case Shelley v. Kraemer (1948). In that case, the U.S. Supreme Court found state action in the enforcement of racially discriminatory restrictive covenants that limited the sale of residential property to a specific race. The Court found that such odious provisions smacked of flagrant racial discrimination, and that judicial enforcement of such restrictive covenants violated the 14th Amendment and its principle of equal protection. The 11th Circuit wrote in a case involving an association’s prohibition on for sale signs that Shelley has not been extended beyond race discrimination” (see Loren v. Sasser (2002)).
This means that government restrictions on political lawn signs are problematical under the First Amendment. However, homeowner/condo-association restrictions on yard or window signs may very well not raise a valid constitutional-law issue unless there is a very close nexus, or connection, to a government entity.
A caveat to this general First Amendment principle is that state courts are free to interpret the free-expression provisions in their state constitutions more broadly than the federal courts interpret the First Amendment to the U.S. Constitution. Some states have done this by finding that large shopping malls are the functional equivalent of the city square for purposes of free-speech issues. (See Assembly on private property section.) Campaign signs should therefore be allowed.
In Committee for a Better Twin Rivers v. Twin Rivers Homeowners’ Association, the Superior Court of New Jersey, Appellate Division, ruled that a homeowners association was subject to the free-speech provisions of the New Jersey Constitution.
Sign printing is part of free speech.
Use of political campaign signs are necessary for a free society.
“The manner and extent to which functions undertaken by community associations have supplanted the role that only towns or villages once played in our polity mirrors the manner and extent to which regional shopping centers have become the functional equivalents of downtown business districts,” the court wrote. “In the exercise of fundamental rights, we discern no principled basis for distinguishing between the general public at large and the members of a community association.”
Political Campaign Signs
Do not remove signs from private property without permission. Win or lose, some folks -- for deep-seated psychological reasons -- seem to think they are making some profound statement by keeping signs up long after the election is over. (I recently spotted one house where several lawn signs are at least five or six years out of date.)
A cheapo t shirt is wearing a sign. Cheap T-Shirts
The part of the sign that you don't use may be recyclable. In some towns and at some supermarkets, you can recycle the plastic sign holders (look for the recycling triangle usually printed below the main message). Campaign lawn signs also may be recycled, but if it's printed on plastic or plastic-coated stock you'll have to toss it into the trash.
Plastic Sign Holders,
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2011 Mississippi Kentucky Governor Election
Mississippi will elect a new governor. See list at:
Mississippi Governor Candidates
Haley Barbour cannot seek reelection, and several competitive candidates have stepped up to the plate. In addition the Mississippi Legislature will be voted on as well.
Kentucky Governor Steve Beshear, is up for reelection. If 2010 is an indicator, the reelection of the Democratic Governor will be a tough battle. Kentucky Governor Candidates
See list of Kentucky governor candidates.
Governor Bobby Jindal of Louisiana, has announced he is running for reelection. Dan Northcutt is mounting a challenge from the right wing of the party.
Louisiana Governor CandidatesFor a list of Louisiana Republican and Democrat candidates click here.
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Michael Horton has written many books and articles.
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Michael Horton has some thoughts that are of interest on the subject:
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