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 New Hampshire, political yard signs are protected under state statutes that recognize the importance of political speech. While the First Amendment protects individuals from government interference with free speech, New Hampshire law extends certain protections to political signs on private property, even in the face of HOA or local government regulations. These statutes typically allow for reasonable regulations regarding the size, number, and duration of political signs, but they cannot outright ban them. For instance, regulations may stipulate that political signs can be displayed for a certain period before and after an election, but they must be removed within a specified timeframe following the election. Non-political signs, such as those advertising a business or indicating a property is for sale, are more heavily regulated and may require permits or be subject to other local restrictions. It's important for residents to check with their local ordinances and HOA rules to understand the specific regulations that apply to their signs.