Can a City Limit the Number of Political Signs I Post?

Full question:

I picket local gas stations, by myself, setting up 20-25 signs, stretching over 200+ yards, in various directions, exposing the difference in prices around town. The stations I picket have historically overcharged by $.40 or more for decades. I direct people to the new gas station with the low price. I'm a citizen activist, unpaid. My town recently passed an ordinance specifically directed at me, limiting me to one sign. Legal?

• Category: Civil Rights
• Subcategory: Free Speech
• Date: 04/07/2025
• State: New Mexico

Answer:

It will be a matter of determination for the court, based on all the circumstances in your situation. Some of the factors the court may consider, among others, include whether it is political or commercial speech, whether similar signs exist, the location and size of the signs, and how the regulation is worded. For example, if the signs are placed near a highway, the government may claim it is a visual distraction to the safety of drivers. If you have a relationship to the station owner, it may tend to show a commercial, as opposed to a political interest. We are prohibited from giving a legal opinion, as this service provides information of a general legal nature. I suggest you contact a local attorney who can review all the facts and documents involved.

In general, commercial speech is defined as communication that proposes a commercial transaction or that is related to the economic interests of the speaker and its audience. Under the First Amendment, the government may regulate commercial speech that involves a lawful activity and is not misleading only if (1) the government has a substantial interest in regulating the speech, (2) the regulation of the speech directly advances the substantial governmental interest, and (3) the regulation is narrowly tailored to serve the substantial governmental interest. Restrictions that require examining the content of speech to be applied must pass strict scrutiny.

U.S. Supreme Court has held that a ban that permits certain types of commercial speech but prohibits other types is irrational and incapable of directly and materially advancing an asserted governmental interest.

Local governments may impose reasonable “time, place and manner” restrictions on speech in order to set forth the circumstances under which signs may be displayed. Restrictions that deal with the size, illumination, location and manner of posting signs without regard to the content of the speech are examples of local government enactments likely to be sustained as reasonable time, place and manner sign regulations, provided they advance a legitimate governmental interest. An example of a “time” regulation is a law allowing temporary signs to be posted for two months. An example of a “place” regulation is a requirement that signs not be placed within 15 feet of a road. An example of a “manner” regulation is a restriction on the size of signs. The U.S. Supreme Court has held that “time, place and manner” restrictions on First Amendment protected free speech will be sustained as constitutional if the regulations:
· Are justified without reference to the content of the signs subject to the law (i.e., content neutral);
· Are narrowly tailored to serve a significant governmental interest; and
· Leave open ample alternative channels for communication of the information

Political speech is noncommercial speech which is entitled to the highest form of protection afforded by the Free Speech Clause of the First Amendment. If government attempts to regulate political speech, it may do so “only to the degree necessary to meet the particular problem at hand, and must avoid infringing on speech that does not pose the danger that has prompted regulation. While municipalities may have a valid interest in reducing visual clutter, they cannot foreclose avenues of expression for political messages. They may only regulate the time, place and manner of signs, without reference to content.

For further discussion, please see:

http://law.wustl.edu/landuselaw/signartsite1.htm