Regulating Political Signs and Speech: 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 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
- Restricting 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
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?
Elena Q. Gerli
Aleshire & Wynder
Ms. Gerli has over a decade of experience representing public entities. Her areas of expertise include zoning and land... | Read More
Ms. Gerli has over a decade of experience representing public entities. Her areas of expertise include zoning and land use, CEQA, ordinance drafting, general plan amendments, First Amendment, constitutional law, marijuana regulation and control, fair housing and group home regulation, and guiding local governments through complex quality of life issues such as homelessness and public nuisance abatement. Ms. Gerli regularly assists the firm’s client cities on various day-to-day needs including legal research and drafting of legal opinions; preparation of staff reports; advising planning and public works departments; document review and preparation; and contract drafting and negotiations.Close
Alan C. Weinstein, JD
Director of Law & Public Policy Program
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