
09-06-2025, 11:54 AM
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Sage
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Join Date: Jul 2007
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Your yard, your rights: Lawn signs and the First Amendment | The Foundation for Individual Rights and Expression Your yard, your rights: Lawn signs and the First Amendment | The Foundation for Individual Rights and Expression
Yard signs. Not the same as a sign along the highway.
Quote:
Originally Posted by Maker
Go re-read the SCOTUS case. It was specifically about SIGNS, and how ALL signs are 100% protected 1st amendment speech. Those protections apply to everyone.
Protected rights cannot be permanently given up, one may recover those rights at any time. That's basic constitutional law. A deed restriction is giving up that right, and can be recovered at anytime.
The protected class here is all people in the country.
Signs can be with words, or with images, or symbols (such as objects presented as to convey a message). Examples are garage sale; arrows; KFC's chicken bucket.
Governments often adopt sign laws, however most are generally not enforceable by this SCOTUS decision. But they look good, and some people actually fall for those unconstitutional restrictions.
SCOTUS said if you need to read a sign to decide if a law applies to it, then that law is unconstitutional. Their example was a law limiting dates when a political sign can be put up. SCOTUS said legal laws must fit very narrow limitations, such as construction not dangerous to others, can not block view of critical areas creating a safety issue (such as blocking a car's view of a stop sign). They said invalid reasons are content, location, size, quantity, types, style...
SCOTUS also said any part of a government cannot enforce any unconstitutional restriction. CDD operates as an extension of the government. So (for discussion's sake) even if one were to accept your theory that deed restriction are actually valid, CDDs are 100% barred from enforcement.
Don't like that? Go petition SCOTUS for a change in their ruling.
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