A federal judge has ruled that a Tennessee woman can’t be fined for saying what we all think, even if it’s in the form of a yard sign.
Last week, a federal district court in the Western District of Tennessee ruled that the city of Lakeland, Tennessee, violated resident Julie Pereira’s First Amendment rights when it fined her for posting a sign that read “Fuck Em.” [sic] They both have signs in her yard that say 2024.
According to her first amendment, lawsuit Pereira’s sign, submitted last month, “simply and concisely” expressed his opinion that neither major party candidate was an acceptable choice for president. Lakeland code enforcement officials disagreed, fining Pereira $50 a day for violating the city’s ban on “obscene” signs.
Only after Pereira reported the incident did the city stop fining her. you Tape on her sign. So far, she has paid $688 in fines and other fees for her sign.
But Pereira, unwilling to pay those costs or risk diminishing the “efficacy” of his message, sued the city of Lakeland, claiming it violated his First Amendment rights.
“This case has moved to the next level because of the constitutional implications, not just to protect my rights but the rights of all citizens in the state of Tennessee,” she said. wrote On Facebook, sugar that much New York Post‘ reports.
A brief 3-page summary controlThe U.S. District Court agreed with Pereira. It prohibited the city from taking any further enforcement action against her sign, and ordered the city to pay Pereira $31,000 in fines and attorney fees, as well as $1 in nominal damages for the violation of her constitutional rights.
Few local governments, no matter how secular, would want to police political speech expressed on social media or in newspapers. But yard signs are a different story.
Governments are much more willing to regulate property owners who want to add expressive elements to their properties, such as colorful political signs or interesting murals next to local businesses.
Pereira’s victory is a reminder that signs are still language, and that freedom only works if there is room to use it.