Local Government and the Regulation of Speech
How the First Amendment Affects Regulation of Political Signs, Political Speech by Employees, and Government Speech
Recording of a 90-minute CLE webinar with Q&A
This CLE course will guide counsel to local governments on how to lawfully regulate the display of political signs and public employee campaigning on municipal property--without violating federal and state constitutions.
- Regulating political signs
- Political signs as a distinct category
- Limits on size, height, number, and placement
- Reed v. Town of Gilbert
- Duration rules: limiting the time of display
- Post-election removal requirements
- Permits, registrations, fees, and removal bonds
- Mandatory disclosure of sponsorship
- Banning signs and electioneering near the polls
- Addressing campaign activity by public employees
- Garcetti v. Ceballos (U.S. Supreme Court, 2006) (public employee's free speech rights when speaking in an official capacity)
- State or city laws restricting political activity by certain public employees
- Addressing government speech
The panel will review these and other crucial questions:
- What issues must the municipal attorney consider when determining whether time limits for political signs are lawful?
- Can local governments impose any content restrictions on political signs and literature?
- How does current case law address participation by public employees in campaign activities on local government property?
- Can the political speech rights of public employees, even while off duty and at home, be limited as a term of employment?
Kasieta Legal Group
Mr. Hazelbaker advises small businesses and communities in employment law, land use, litigation and legislation. His... | Read More
Mr. Hazelbaker advises small businesses and communities in employment law, land use, litigation and legislation. His clients are typically businesses, units of government and individuals.Close
Mina S. Makarious
Anderson & Kreiger
Mr. Makarious represents clients on municipal, airport, environmental, and construction matters. His airport work... | Read More
Mr. Makarious represents clients on municipal, airport, environmental, and construction matters. His airport work includes representing airports around the country on the negotiation of complex lease transactions with airlines, including airline use and lease agreements and agreements with airline fuel consortia. Mr. Makarious worked to revise the Massachusetts Department of Transportation’s Aeronautics regulations, and works with the Department’s Aeronautics Division on matters regarding the use and regulation of drones. He has also assisted a private manufacturer of drone technologies in obtaining a waiver from the FAA for the use of drones beyond the visual line of sight, one of the first such waivers ever granted by the FAA.Close
Alan C. Weinstein, JD
Professor of Law
Cleveland-Marshall College of Law and Maxine Goodman Levin College of Urban Affairs at Cleveland State University
Mr. Weinstein is a nationally-recognized expert on planning law and lectures frequently on the topic. He has... | Read More
Mr. Weinstein is a nationally-recognized expert on planning law and lectures frequently on the topic. He has extensive practice and research experience with First Amendment issues, particularly land use issues.Close