'Unless there is a compelling government interest (keeping neighborhoods looking tidy doesn’t cut it) and the rule is narrowly tailored, an ordinance that treats similar signs differently based on their message is unconstitutional.'
“This is my yard,” Windley wrote in an email to Morgan County Attorney Garrett Smith. “I should be able to [put] whatever sign I want to in it, when I want to. This is a First Amendment issue, and Morgan County is violating my First Amendment rights.”
. And while governments can enact rules to protect public safety and reduce clutter, the law generally recognizes a person’s private property right. The rule of thumb is that anyone enforcing a truly content-neutral signage rule should be able to tell if the sign is legal or not without having to read what the sign says.
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