Legal Question in Constitutional Law in Illinois

First Amendment issue

My homeowners association recently sent out a letter stating that residents may no longer place political signs in yard because they violate our CC&Rs. The line that htey refer to states ''no sign of an advertising nature may be displayed except ''for sale'' signs''

I do not consider an political sign an advertising sign. When I think advertising sign I think commercial advertising.

Is there a legal definition of ''advertising signs'' in Illinois?

Even if the Association is right in it's interpretation, isn't political campaigning a Free Speech issue?

Thank you for your help.


Asked on 5/21/06, 8:43 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: First Amendment issue

The First Amendment does not grant a general right to free speech. Instead, it limits the government's ability to interfere with such speech. Your HOA is not the government, so its rules do not conflict with the Amendment.

I don't know why you think political signs are different from advertising signs. Television commercials for candidates or issues are still called advertisements and the same is true in print. The definition of advertisement is not limited to commercial messages. What's more, even commercial advertisements can raise First Amendment issues, although they are treated somewhat differently from political ads.

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Answered on 5/21/06, 3:40 pm


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