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 Massachusetts, the right to display political yard signs is protected under the concept of free speech, but there are regulations that homeowners' associations (HOAs), neighborhood organizations, and local governments can enforce. While the First Amendment protects against government interference with free speech, Massachusetts state law allows for reasonable regulations on the time, place, and manner of political signs. This means that while outright bans are not permissible, restrictions such as keeping signs inoffensive, ensuring they are mounted in the ground, and limiting the time frame they can be displayed (typically around the period of an election) are allowed. For non-political signs, such as those advertising a business or indicating a property is for sale, local governments and HOAs may impose stricter regulations, which can include the requirement of permits. Additionally, the placement of signs within public rights-of-way may be subject to specific local ordinances, which can vary from one municipality to another.