There is an interesting constitutional fight brewing in Florida. I have a column out today on the “Let’s Go, Brandon” movement. Marvin Peavy is part of that movement and displayed a banner with the chant (with a pro Trump banner) from his home in Seagrove Beach, Florida. He is now facing a $50 a day fine for violating an ordinance against such banners. He has pledged to continue to fight the enforcement. The question is whether the ordinance is constitutional.
Hanging from Peavy’s home is a banner proclaiming “Trump Won” and another proclaiming “Let’s Go Brandon.” The latter chant is a euphemism for “F— Joe Biden.”
The code states that following signs are “the prohibited in the Route 30-A Scenic Corridor”:
B. Prohibited signs. In addition to the signs prohibited in Section 6.03.00, the following signs
shall be prohibited in the Route 30-A Scenic Corridor:
1. Permanent off-premise outdoor advertising signs (an off-premise sign is any sign
located on property other than that to which the sign relates);
2. Pole signs;
3. Water towers as commercial advertising;
4. Wall murals as commercial advertising;
5. Off-premise signs;
6. Temporary mobile or portable signs;
7. Interior lit single panel plastic or Lexan face;
8. Streamers, feather flags, pennants, ribbons, spinners and other similar devices;
9. Flashing signs;
10. Signs containing reflective elements that sparkle or twinkle in the sunlight;
11. Roof signs;
12. Signs containing moving parts.
The law is notably neutral on content. That is a key distinction given prior Supreme Court rulings like Reed v Town of Gilbert. In that case, the court ruled unanimously that an Arizona ordinance was unconstitutional. Under the ordinance, “ideological signs” and “political signs” were subject to different limitations.
Writing for the Court in Reed, Justice Clarence Thomas stressed that “[g]overnment regulation of speech is content based if a law applies to particular speech because of the topic discussed or the idea or message expressed.”
The content-based regulation triggered “strict scrutiny” analysis requiring that the government must demonstrate that the law has been “narrowly tailored” to serve a “compelling interest.”
Here all signs are limited or banned in this area regardless of their message. What remains, however, is the denial of homeowners to be able to speak politically through signage on their own homes. The city would argue that they can still speak in other ways. Moreover, there is a general exemption in the ordinance for
“Temporary signs for political candidacy, nonprofit organizations, religious institutions and other signs conveying a non-commercial message for a one-time event provided that such signs are removed within 15 days following the campaign, drive, or event.”
Again, there is no content regulation here and political signs are allowed during campaign seasons.
But how about those who want to express political views between elections? Such sentiments are supporting ongoing movements, including “Let’s Go Brandon” which is a criticism of media bias. This is an aesthetic regulation that negates forms of political expression. While the odds may be against Peavy, he may force a reconsideration of such speech rights.
Just put Brandon’s number on the old car and park it out front.
The DAILY MAIL has a good article on the Baldwin shooting.
They discuss industry standards for the use of guns on a set and note that Baldwin and crew violated at least three of these established standards of care.
https://www.dailymail.co.uk/news/article-10162287/Alec-Baldwins-Rust-crew-accused-breaking-THREE-movie-industry-gun-safety-rules.html
Mespo, Darren and I mentioned many of these in the previous thread.
With published and accepted standards on the table cases for civil and perhaps criminal liability clearly become possible.
One thing about standards like these, they weren’t put together in a faculty lounge. Many are painfully learned from tragedies that should not be repeated. But the tragedies will be repeated if the standards are not religiously followed. Just ask Baldwin.
If you have not seen the photo of newly elected Virginia Lt Governor Winsome Sears holding an AR-15 rifle from a campaign piece earlier this year, look for it on the internet. Search “Winsome Sears holding rifle” – it ought to do the trick. Ms. Sears is going to go far in politics, if the Dems do not destroy her by their dirty politics, which I assume they are likely digging in her background this very moment.
End The War In Vietnam!
Keep my house in my control!
Kill The Redcoats!
Tell my city to pick up the trash!
I wonder what the locality might have said if he flew a “F*** Trump” flag.
@Cato,
Same thing…
As Turley points out… its not about the content, but the flying a sign.
Now the funny part.
If all they can do is fine them… and the fines don’t increase…
He could start a go fund me page….
Or someone who is pro-DNC could do the same.
The point of the ordinance is to limit these outdoor signs for esthetic reasons.
Now someone talked about parking an old car in the lot and painting on it…
It could fall into this ordinance. (Or not)
Turley: you do know better than to even post this story suggesting that somehow this bonehead’s constitutional right to free speech is being infringed upon, because even you acknowledge that when local ordinances ban the display of content-neutral items like banners and flags, this is not unconstitutional. NO flags or banners are allowed, regardless of content, and the SCOTUS has upheld such regulations. This property is located on a scenic corridor, too, which is the reason for the ban. But, your job is to stir up the disciples, so you keep stirring the pot.
Let us not forget. Johnny Depp said, “When was the last time an actor assassinated a President”. https://www.nbcnews.com/pop-culture/pop-culture-news/johnny-depp-when-was-last-time-actor-assassinated-president-n775881. Please also recall that Kathy Griffin held up the bloody severed head of Donald Trump. https://www.npr.org/2019/04/23/716258113/kathy-griffin-life-after-the-trump-severed-head-controversy. Now the left cries itty bitty baby tears over “Let’s go Brandon”. They declare it a terrible disrespect for a President of the United States. The disrespect can be more apparently found in the lack of the application of civility by the left as documented by the links herein contained. Their outrage makes the distinct sound of one hand clapping.
Let’s
Go
Brandon
Now, what to do with:
T
Q
Newly elected Virginia Lt Gov. Winsome Sears is what makes America great, an immigrant who is proud to be an American. What an inspiring victory speech with a beautiful family to boot.
Marxists never contribute nor build; their one signature is to tear and divide. No Democrat, no Liberal, no virtue signaling Biden appointee nor supporter can hold a candle to the hope and change that Ms. Sears victory portends. Americans should take note.
I am not even first generation American. When I joined the marine corps i was still a Jamaican but this country had done so much for me I was willing to die for this country
Estovir–
Yeah! I like her a lot too. More like her!
Hurray!
Role models like her need to become more of a household name than people like AOC, who can’t figure out how to work a garbage disposal.
I never cease to be amazed at how dopes like you, Karen, have the gall to criticize AOC but overlook a profound ignoramus and national embarrassment like Marjorie Taylor Greene. Here are just *some* of her antics: chasing a kid who was a survivor of a school shooting down a street in Washington, D.C., accusing him of lying, saying that school shootings were a hoax to take away gun rights, and she continued harassing him, even though reporters were videotaping her. Going to AOC’s Congressional office and demanding that she come out to engage in a verbal sparring match, and when no one opened the locked door, she opened the mail slot and told AOC to “change her diaper” and come on out. You wonder why people don’t respect you, Karen, and one reason is posts like the one above that expose the depth of your discipleship, thoroughly honed via a daily diet of Fox News. You are so oblivious to the extent of your ignorance that you constantly repeat the slop Fox serves every day, even repeating things that have been shown to you to be untrue. And, as Anonymous’s post below shows, it’s one thing to lack the intellect to understand how to use a garbage disposal when you didn’t have one growing up due to your family’s poverty, and to simply be unfamiliar with the device.
Nobody reads your stuff Natacha.
Wait.
I do.
Don’t listen to ’em, Sweetie!
I respect Karen.
This election wasn’t about Trump, it was about Biden.
The new lieutenant governor in Virginia must make dims cringe. After all she was elected by white racist.
North Carolina’s LtGovernor Mark Robinson is also a rare Gem….came from an ordinary background and wound up with nationwide acclaim for his impromptu address to the Greensboro City Counsel about a proposed Gun Control measure.
He is unabashedly Conservative, Republican, pro-gun, anti-crime, and a proud Christian Man…..and Black.
Winsome and Robinson are living examples of how wrong the Democrats are in their propaganda…..and how they shall fare until they correct that mistake….and also believing their own propaganda.
Interesting video. Students are all in for diversity quotas except for sports where merit counts
Perhaps no basketball team should be more than 7% black so that teams “look like America” as the leftist diversity rationale goes.
https://campusreform.org/article?id=18305
OT (but related): I remember when David Dinkins became NYC’s first black mayor. The pundits of the leftist stripe all said the same thing about the election: the sun was a little brighter the next day, the breeze a little crisper and the air a little sweeter (Huh, in NYC?). After last night in the Commonwealth, I know how they feel. We dodged a major bullet last night with woke TMac and now Youngkin ought to be the sunlight and breeze we need to air out the soiled mess the Dims have made of our Commonwealth. As for ol’ Blackface/Blackheart Northam, good riddance!
This sign law was written and passed by the appropriate elected body. Thus the solution is to petition that same elected body. Failing to find relief, elections come around every two years or sooner. The people need to be left alone to settle their own disagreements. Judges should explain that to any case that reaches their courtroom.
Thanks for an interesting legal issue.
I can’t make up my mind which way this should go; I like arguments for both positions.
I do wonder if the ordinance stands whether we will see some communities finding ‘content neutral’ ways to ban content they don’t like while finding content they do like aesthetically pleasing.
That seems a stretch and it may be, but I am reminded how church services were rigorously banned to prevent the spread of Covid while larger BLM demonstrations were apparently deemed perfectly safe.
We managed to change our sign ordinance and removed the time element on political and temporary signs
15 days whatever you say ..
Saint Peter don’t call me cause I can’t go.
I owe my soul to the city’s own goals!
The Dems are probably having a “Let’s Go Brandon” moment this morning after the VA gubernatorial results?
There were Vietnam era speech cases in which the Court held “F___ the Draft” and, I believe, “F___ General Hershey Bar” to be protected political speech.
I can not imagine the Court reaching any other conclusion about “Let’s go, Brandon!”, “F___ Joe Biden!” or it’s abbreviated form, “FJB”. Every context in which I have observed these statements it has been patently obvious that they were used in a political context in opposition to President Biden, his policies and his executive actions which many believe, once again constituting political speech, that he has exceeded the authority and prerogative of the executive, thereby usurping the authority of the legislative branch.
I guess next come the tee shirts. Tons of Let’s Go Brandon clothing already out here.
Absent a compelling reason for such a broad restriction, such as highway safety, sounds like a loser to me. Is promotion of a scenic highway a compelling state interest? Of course I’ve been wrong before
Related to this column, I get a kick from the Lefties who cheered Deniro making his F— Trump speech, but are outraged by the Let’s go Brandon calls.
Fake outrage.
The headline is ambiguous. I thought the same person had hung both Trump (in effigy) and a Let’s go banner.
😊
To all those blaming the Dems for this , Walton County where Seagrove is locates is a REPUBLICAN COUNTY! The regulation is being enforced by Walton County.
Seagrove is locates is a REPUBLICAN COUNTY! The regulation is being enforced by Walton County.
After 6 years of watching Republican politicians work to defeat President Trump at the polls, and undermine his Presidency, it is clear there are a host of registered Republicans that talk the tal act as Democrats, such a statement is an obvious attempt at deflection. It is, by now, a lazy rhetorical device.