A 1967 hit by Brook Benton (which I occasionally play on my radio broadcast, “Oldies Tonite with Terry Turner.”
With all due respect to Brook Benton, and the singers who later did a so-called “cover” of the song, we need not play either Brook’s or anyone else’s version to populate our neighborhoods and streets with signs. Yes, welcome to the 2024 political campaign season and the proliferation of all manner of signs, encouraging you to vote for your favorite candidate or ballot issue.
These signs have become as American as apple pie, baseball, and George Washington. That said, many would like to do away with them altogether as they litter our neighborhood streets. Others, however, see them as far more important than just physical signs, viewing them as part of American democracy in action and our political way of life.
Without going into an entire treatise about political signage, suffice it to say that, even though the Constitution doesn’t expressly mention political signage, you cannot outlaw them since they are allowed under our 1st Amendment freedom of speech and expression as interpreted and applied by the U.S. Supreme Court, as well as a number of other courts, allowing the same.
What exactly is a political sign to begin with? Much has to do with the intent of the person putting the sign up in the first place. That aside, the clearest political signs are those expressing an opinion or view about the government; advocating for a particular candidate; or supporting specific referendums on election day.
Local, state, and the federal government itself can all regulate the use and placement of political signs. That said, it’s usually local municipal ordinances and state statutory enactments which draw some’s ire, leading to legal challenges, usually alleging violations of the 1st Amendment and other legal protections.
Common requirements for laws designed to regulate or limit or even eliminate political signs are that they be content neutral (all signs must be covered by the regulations, not just political ones) and with the goal of public safety (signs cannot block traffic controls or entrance/exit ramps) for example. Local zoning ordinances, if they meet the requirements above and are applied consistently throughout the community, have been upheld by the courts.
Boards of Directors, or similar officials of condominium owners’ associations, can adopt, enact, and enforce limitations and restrictions on signage on both the privately held condominium unit and the common areas. However, to do so, they must align with both local ordinances and state statutes.
Regardless of your feelings about political signs during campaign season, I dare say this: the biggest gripe about political signs among people? It takes too long to remove the signs once election day has come and gone.
I would encourage you to get out and vote on election day…and be careful not to walk into any campaign signs along the way.