Vandalism or Freedom of Speech?

[norman101]

CALIFORNIA

I’m looking for some quick legal advice. I’d like to post a banner that hangs over a freeway overpass. The banner would say, “Art is Resistance” The banner can be easily removed and in now way can it be considered annoying vandalism. It would take 30 seconds to remove.

My question is this: Is there anything in The Constitution that verifies my right of free speech to post this banner on public property? Firstly…could this be considered vandalism and can I be prosecuted? Secondly, if so, is there any way I could counter sue them for attempting to violate my freedom of speech if they did decide to prosecute me?

The angle I’m getting at here is that I’d like to get some publicity for a political movement I’m apart of, but not everyone has campaign contributions to go out and buy space on a billboard for $300 a month. I’m trying to assert my right as a citizen to voice my opinion in a clean and respectable manner.

Thanks
norman

 

[Ohiogal]

It could be considered a public nuisance or fall under other laws.

 

[ForFun]

CALIFORNIA

I’m looking for some quick legal advice. I’d like to post a banner that hangs over a freeway overpass. The banner would say, “Art is Resistance” The banner can be easily removed and in now way can it be considered annoying vandalism. It would take 30 seconds to remove.

My question is this: Is there anything in The Constitution that verifies my right of free speech to post this banner on public property? Firstly…could this be considered vandalism and can I be prosecuted? Secondly, if so, is there any way I could counter sue them for attempting to violate my freedom of speech if they did decide to prosecute me?

The angle I’m getting at here is that I’d like to get some publicity for a political movement I’m apart of, but not everyone has campaign contributions to go out and buy space on a billboard for $300 a month. I’m trying to assert my right as a citizen to voice my opinion in a clean and respectable manner.

Thanks
norman

It's possible that hanging such a banner may be prohibited by law. While the Constitution protects your right to free speech, it does not give you unfettered permission to express yourself in any manner on any piece of public property. The government has the right to limit your speech to a reasonable time, place and manner. I don't know this for a fact, but hanging a sign from a freeway overpass is probably not going to be protected by the courts.

 

[xylene]

What happens if your "easy to remove banner" falls an blocks a windshield or worse a motorcycle and causes an accident?

What you are proposing is illegal.

 

[Aria]

After 9-11, when it seemed that every overpass had either a flag or something mentioning god and non-Christians got angry at feeling like they were always in church, was there not some sort of law passed, in at least California, banning signs on overpasses?

Your right to freedom of speech extends no further than what is safe for others. There is no one to check to make sure that your sign is posted in a secure manner. As xylene said, what if it comes down? The right of others to be SAFE supersedes your right to post a sign PERIOD.

 

[CdwJava]

My question is this: Is there anything in The Constitution that verifies my right of free speech to post this banner on public property? Firstly…could this be considered vandalism and can I be prosecuted? Secondly, if so, is there any way I could counter sue them for attempting to violate my freedom of speech if they did decide to prosecute me?

It likely would not be vandalism. However, depending on what you had to do to hang the banner, you could be cited for trespassing and the sign could be removed.

Pursuant to California and federal case law, the overpass is not a "public fora" for the purpose of displaying political messages and thus NOT subject to free speech rights as it pertains to the display of banners or flags.

Hang such a banner at your own risk of arrest.

- Carl

 

[hoeny]

if one person just want to sue you for violating PUBLIC space, then you could get into trouble i guess.