Whether or not you are a fan of Donald Trump, things like this should concern you
(NJ.com) Â A West Long Branch man has been ticketed for flying Donald Trump flags outside his home.
The police department says he’s in violation of a municipal ordinance prohibiting the display of lawn signs more than 30 days before an election.
The resident, Joseph Hornick, says the ordinance doesn’t apply to him because he’s flying flags — not displaying lawn signs. He contends banning his flags is a violation of his right to free speech.
The original article at NJ.com is here, and notes that he could be fined $2,000 for this, and that he will not give up. Nor should he. Hit either link to see the pictures of the flags, which do not say anything like “Elect Trump”. The poll at the first link is running around 88% in favor of Hornick. If the flag was for Hillary, Bernie, Obama, you name it, it should be allowed. This is our Free Speech.
Here’s what the Supreme Court decided some 20 years ago.
http://articles.baltimoresun.com/1994-06-14/news/1994165082_1_sign-ordinance-supreme-court-ladue
Gilleo was prosecuted by Ladue, MO (a wealthy, very conservative city) to remove her anti-war sign.
June 14, 1994|By Lyle Denniston | Lyle Denniston,Washington Bureau of The Sun
Are there legitimate community concerns that might limit the type or size of display a resident erects? Sure. For example, my neighbors probably wouldn’t appreciate a 6′ x 9′ “Jesus Sucks” flag flying 30 feet high in my front yard.
Jeffrey wrote:
No, I s’pose that they wouldn’t, but whether your neighbors would appreciate it or not isn’t the question; the question is whether your city would have the legal right to impose a criminal penalty on you for it, or jail you if you refused to take it down. And I would say that no, the government does not and should not have the authority to do that.
Now, it’s always possible that you have your home in some area in which you signed a stupid ‘homeowners association agreement,’ which gives your neighbors some control over your property, but, quite frankly, anyone stupid enough to sign one of those wretched contracts deserves whatever happens to him. Still, an HOA is a voluntary association, which can sue a member for failing to adhere to the HOA rules, but has no jurisdiction to impose a criminal penalty.
I do wonder whether an HOA can enforce the agreement against the heir of the homeowners who signed the agreement, after the heir inherits the property.
Ms. Gilleo’s case was not about a HOA but was a city statute.
The Court ruled in her favor.
Obviously one’s free speech rights are not absolute. Does society have a legitimate concern about a large sign on private property along a busy thoroughfare that 1) either hinders vision or 2) distracts drivers?
Does a neighbor trying to sell their house have a legitimate concern when another neighbor displays their 6′ x 9′ signs proclaimed “Jesus Was Gay”, “No Niggers Allowed”, “I Love Young Girls”, “Smith & Wesson Spoken Here!”? These signs likely cause real damages in terms of property values.
Is there a balance or do we side on the absolute right of property owners to do whatever they want whenever?
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