Regulating Political Signs and Speech
Strategies for Local Governments Responding to First Amendment and Land Use Challenges
Recording of a 90-minute CLE webinar with Q&A
This CLE webinar will provide guidance for counsel to local governments on how to lawfully restrict the display of political signs and public employee campaigning on municipal property—without violating the federal and state constitutions.
- Regulating political signs
- Political signs as a distinct class: choosing the topic of debate?
- The complete ban: city wide, in residential areas, on public property
- Limits on size, height and number
- Duration rules: limiting the time of display
- Post-election removal requirements
- Permits, registrations, fees and removal bonds
- Mandatory disclosure of sponsorship (McIntyre and Citizens United)
- Banning signs and electioneering near the polls
- Alleged threats upon the president or vice president
- Restricting campaign activity by public employees
- Garcetti v. Ceballos (U.S. Supreme Court, 2006) (public employee’s free speech rights when speaking in official capacity)
- State or city laws restricting political activity by certain public employees
The panel will review these and other key questions:
- What issues must the municipal attorney consider when determining whether time limits for political signs is 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?
Randal R. Morrison
Sabine & Morrison
Mr. Morrison is Director of Litigation for his firm. He has successfully defended many cities against lawsuits... | Read More
Mr. Morrison is Director of Litigation for his firm. He has successfully defended many cities against lawsuits involving sign and billboard issues. A frequent speaker at conventions and seminars for municipal counsel and professional planners, he also consults with cities throughout the country on sign ordinance updates.Close
Susan L. Trevarthen
Weiss Serota Helfman Cole & Bierman
Ms. Trevarthen serves as Chair of the firm’s Municipal Planning and Land Use Group. She represents governmental... | Read More
Ms. Trevarthen serves as Chair of the firm’s Municipal Planning and Land Use Group. She represents governmental entities in the areas of land use, local government, and environmental law. Her practice encompasses litigation, appeals, administrative and public hearings, general municipal representation, and extensive constitutional law, including land use and zoning decisions raising First Amendment issues.Close