Far from being an inconsequential prank, stealing or damaging a political lawn sign is an attack on protected speech, a right guaranteed by the U.S. Constitution as well as by the Constitution of the Commonwealth of Pennsylvania.
Donald Trump pledges that he will “be a dictator on day one” of his second term. His followers are already attacking our First Amendment rights and intimidating voters on our very own streets and in our very own neighborhoods.
>Under the First Amendment, political signs are considered “core political speech,” a form of speech that may support or critique a candidate, position, political party or issue—or the government itself. Activities such as circulating petitions or attending nonviolent rallies, as well as symbolic actions like burning the flag, are also types of core political speech and are therefore protected from restriction or interference by government entities. Anyone could cover their entire lawn with political signs and be free from governmental limitations unless their signs posed a clear and present danger to the public.
Protecting political signs from criminal behavior by bad actors during a heated campaign season is difficult. Although in Pennsylvania stealing or damaging a political sign is a third degree misdemeanor punishable by jail time, probation, or a series of fines, these assaults on our free speech “are happening all over,” according to Dawn Burke, a local attorney. Newtown and neighboring communities have experienced a good number of disturbing incidents of sign theft or vandalism recently. On one Borough block half a dozen signs were stolen or destroyed; homeowners even had garbage thrown near a sign. Even worse, a line of political signs were set on fire in Upper Makefield lighting up the night sky and endangering the neighborhood.
In addition to suppressing the expression of free speech, the destruction of political lawn signs becomes a personalized and dangerous type of intimidation: On the Borough’s Market Day, visitors to the Dems display table were offered lawn signs, posters, stickers and pins promoting this year’s candidates. A surprising (and distressing) number of folks told volunteers that they were afraid of putting out lawn signs and chose much smaller and more private symbols of support.
We cannot validate the belief that the louder and nastier voice is the only one that deserves to be heard. When Democrats are afraid to exercise our free speech rights publicly, we have handed an important victory to our opponents. Newtown Democrats appreciates all those who put out signs and wear stickers, pins, hats and T-shirts in support of Democratic candidates! If your signs are stolen or vandalized, call your local chief of police and file a complaint.
N.B. — It is legal for homeowner’s associations to prohibit the placement of political signs on privately-owned lawns and on their property. Bucks Country residents subject to these restrictions have been seen putting the signs in their front windows.