Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In Alaska, the regulation of yard signs, including those for political purposes, is influenced by both the First Amendment and state statutes. While the First Amendment protects against government interference with free speech, it does not directly restrict actions by private entities like homeowners' associations (HOAs). However, Alaska statutes may provide specific protections for political signs on private property, allowing for reasonable regulations but not outright bans by HOAs or local governments. These regulations can include stipulations about the sign's content, manner of display, and time frame for posting relative to an election period. For non-political signs, such as those advertising a business or indicating a property is for sale, HOAs and local governments typically have more leeway to impose restrictions, which can include the need for permits or adherence to community standards. It's important to note that local ordinances and HOA rules can vary, so individuals should consult the specific laws and regulations applicable in their area or seek advice from an attorney for guidance on their rights and restrictions concerning yard signs.