Political Signs in the Front Yard

 An interesting byproduct of the seemingly always intense political discussion of the last several years here in the United States, is the posting of political signs supporting one or the other candidate, and using profane language to attack the opposition. I’ve attached an example with some of the more extreme language blocked out.

As you can imagine, these kinds of signs provoke heated responses from neighbors and passersby. In Roselle Park, New Jersey, the signs were in a residential front yard, not too far from a public school. Evidently the mayor received a number of phone calls and the codes official wound up writing a citation. The owner of the property lost in Municipal Court, but on appeal to Superior Court in New Jersey, the decision was reversed.

You may recall the profane language on a T-shirt in a courtroom in California, quite a few years ago, in Cohen v California, 403 US 15 (1971). In that case the United States Supreme Court found that the use of the profane language was within the protection of the First Amendment and the conviction was reversed.

Relying on that Supreme Court precedent, the Superior Court New Jersey also reversed the decision from the Municipal Court against the property owner. The use of the profane language was within the protections afforded by the First Amendment to the Federal Constitution.

There have been several these cases across the country, including one right here in Tennessee, in Munford. In that case, the minutes will attorney advised the city that the use of the language was protected and that there was no violation of the city codes. It’s good to see local counsel here in Tennessee getting it right!