Yard signs—especially those endorsing or opposing a political candidate or issue—are sometimes the target of homeowners’ associations (HOAs), neighborhood organizations, local governments, and vandals.
The First Amendment to the U.S. Constitution only prohibits federal, state, or local government interference with free speech. But many states have enacted statutes that protect elections and political speech in yard and other signs—allowing HOAs, neighborhood organizations, and local governments to place some limits on political signs, but not to ban them. For example, signs may be required to be inoffensive, mounted in the ground, and only displayed for 45 or 90 days before an election and up to ten days following an election.
State statutes that permit political signs on private property may also permit political signs in an unpaved right-of-way (ROW)—a city-owned strip of land from the edge of a city street or county road.
Yard signs that are not political speech—such as those warning trespassers (No Trespassing) or advertising a business’s goods or services or that a property or home is for sale—are generally subject to restrictions by HOAs, neighborhood organizations, and local governments. For example, some municipalities may require a permit to display certain signs.
In Arkansas, the regulation of yard signs, including those for political purposes, is influenced by both the First Amendment and state statutes. While the First Amendment protects against government interference with free speech, it does not directly restrict actions by private entities like homeowners' associations (HOAs). However, Arkansas, like many states, has statutes that protect the display of political signs on private property, which means that while HOAs and local governments can impose certain regulations regarding the size, number, and duration of political signs, they cannot outright ban them. These regulations might include stipulations on how long before and after an election signs can be displayed or requirements for the signs to be inoffensive and properly mounted. For non-political signs, such as those advertising a business or indicating a property is for sale, HOAs and local governments typically have more leeway to enforce restrictions, and permits may be required for certain types of signage. It's important for residents to check with their local city or county ordinances and their HOA bylaws for specific regulations regarding yard signs in their area.