NEW: ACLU Wins North Kingstown Free Speech Case
Monday, March 07, 2011
The ACLU has won a federal court case involving the constitutionality of political signs North Kingstown.
The suit was filed by ACLU attorney Richard A. Sinapi on behalf of independent Congressional candidate John O. Matson, who had to take down many of his political signs in North Kingstown because they violated the size limits of such signs.
According to the sign ordinance, political signs could only be up to six square feet in residential areas and 20 square feet in non-residential ones, while non-political signs and banners could be larger than 6 square feet in residential zones and as big as 50 square feet in commercial areas. This discrimination was determined to be unconstitutional as it violated the freedom of speech clause in the First Amendment by limiting the signs based on their content. The court’s decision removes the size restrictions on the signs and allows political signs to be erected prior to 60 days before an election, which was previously prohibited, in addition to awarding $10,560 in attorney fees.
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“Posting signs remains one of the simplest and most effective ways for people with limited resources to participate in the political process. The favorable resolution of this suit is a reminder of the importance of political speech and the First Amendment in the electoral process,” Sinapi
