Sign Regulation Limits Free Speech

MANSFIELD, CT -- The ACLU-CT called on Mansfield town officials today to immediately rescind regulations on political yard signs that violate the First Amendment. The town yard-sign regulations only allow political speech if it pertains to a ballot measure or election of a candidate to public office. The regulations also limit the display of permissible signs to 30 days before an election and require their removal within 5 days after the election.

"The constitutionally protected freedom to express one's political viewpoint cannot be limited to advocacy for or against a candidate for political office," said Andrew Schneider, Executive Director of the ACLU-CT. "It is also an illogical and unnecessary restriction to permit Mansfield residents to speak about a political issue 30 days before an election but not 31 days beforehand."

Previously, the town has rebuffed efforts by the Northeast Chapter of the ACLU-CT to rescind these regulations. Members of the chapter living in Mansfield brought the issue to the Mansfield Planning and Zoning Commission (PZC). A few years ago, after critics had navigated a lengthy process that included waiting months for a chance to speak at a public hearing, the PZC re-stated its intention to leave the regulations on the books but not enforce them. Since that time the town has recommended "voluntary compliance" to residents.

In a letter sent to town officials, the ACLU-CT cited a landmark U.S. Supreme Court case in which the Court unanimously ruled that displaying signs on the walls, windows, or lawns of one's residence is both protected by the First Amendment and a key component of the right to "individual liberty in the home."

The ACLU argues that the Mansfield yard sign regulations discriminate on the basis of subject matter. While they permit advocacy for the election or defeat of a candidate for political office, they do not allow signs that advocate political positions in more general terms. Signs like "Health Care for All" or "Abortion is Murder," or one calling for impeachment of an office holder, would not be permitted.

"When town officials recommend residents comply with an unconstitutional law it sends a message that is at the least confusing and would reasonably make some residents fearful," said David McGuire a staff attorney at the ACLU-CT. "We hope the people of Mansfield know that despite these regulations they are free to exercise their First Amendment rights by placing political yard signs on their property."

Marty Margulies is serving as cooperating attorney with the ACLU-CT.