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 Minnesota, the right to display political yard signs is protected under state statutes, which aim to balance the protection of political speech with the ability of homeowners' associations (HOAs), neighborhood organizations, and local governments to impose reasonable regulations. Minnesota Statute 211B.045 specifically prohibits any person, including an HOA or other entity, from restricting the display of political signs during the period beginning 46 days before the state primary in a primary election year until ten days following the state general election. Restrictions can be placed on the size and number of signs, but outright bans are not permissible. For non-political signs, such as those advertising a business or indicating a property is for sale, HOAs and local governments may have more leeway to enforce restrictions, which can include the need for permits or adherence to specific size and placement regulations. It's important to note that while the First Amendment protects free speech from government interference, private entities like HOAs are not government actors; however, Minnesota law extends some speech protections to the realm of private property within the context of political signs.