Section 34 Free Speech and Free Expression

• Library: Urban Development Subdivisions, and Annexations (2011 Ed.)

Political speech continues to enjoy the highest level of constitutional protection, including as applied in the zoning context. For example, communities may not wholly ban political signage on private property in a residential district, even on the basis of aesthetics or safety. City of Ladue v. Gilleo, 512 U.S. 43 (1994). Although cities may regulate the size, number, and duration of temporary signs on private property and may require removal after some period of time, a prohibition on political signs more than 30 days before the election and required removal within 7 days of the election fails constitutional scrutiny as being content-based when only applied to "political" signs. Whitton v. City of Gladstone, Mo....