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HOA's and free speech
 by KevinFreitas on 8/31/2007 @ 7:03am |
Lofty topic, I know. A KFnet reader Chris emailed me yesterday and wanted to spark a conversation about HOA's and their impact on local free speech. With so many condos beginning to become populated many more people are signing agreements like these. He writes:Homeowners that have a single family house on a lot have the ability to post signs of any nature on their lot - it's their property, and they are guaranteed their First Amendment rights on their own property. For sale or for rent signs are pretty common, but the kind of sign that I'm concerned about is a political sign. And for the most part, political speech is given a great deal of judicial protection in this country. So I ask this: Should HOA's be able to block all kinds of posted, sign-based speech or should provisions be made during certain times of year for a simple "Vote for..." or "Happy ______" message? |
 by jenyum on 8/31/2007 @ 9:02am | That's a hefty one.
Here's an explanation of the current law from the First Amendment Center In a nutshell: HOA's aren't governmental entities, if you sign an agreement with one that restricts your right to certain types of speech on the property, those agreements are valid. It would be a completely different situation were it the city government trying to restrict speech in this way. Should it be this way? I would say no, but there would have to be legislation passed to make it so, which would no doubt be vigorously challenged. |
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