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 North Dakota, the right to display political yard signs is protected under the First Amendment, which prevents government entities from infringing on free speech. However, homeowners' associations (HOAs), neighborhood organizations, and local governments may impose certain regulations on the display of these signs. While they cannot ban political signs outright, they can set guidelines regarding the size, number, and duration for which the signs may be displayed, often allowing them to be put up for a specific period before an election and requiring their removal shortly after. For instance, signs might be allowed for 45 to 90 days before an election and must be taken down within ten days following it. Additionally, state statutes may allow for political signs to be placed in public rights-of-way, subject to local regulations. Non-political signs, such as those for advertising or trespassing warnings, are more heavily regulated by local authorities and HOAs, and may require permits or adhere to stricter rules regarding their display.