A federal judge has ruled that a Tennessee woman cannot be fined for speaking what we all are thinking, even if it’s in the form of a yard sign.
Last week, the U.S. District Court for the Western District of Tennessee ruled that Lakeland, Tenn., resident Julie Pereira’s First Amendment rights were violated when she was fined for placing “Fuck Em.” [sic] Two “2024” signs hang in her yard.
According to the First Amendment lawsuit she filed last month, Pereira’s sign “simply and convincingly” expressed her own view that neither major party candidate was an acceptable choice for president. A Lakeland code enforcement official disagreed and fined Pereira $50 per day for violating the city’s ban on “obscene” signs.
The city stopped fining Pereira after she reported the incident. you Tape on her logo. By then, she had already been hit with $688 in fines and fees for the sign.
However, Pereira was unwilling to pay these fees or dilute the “effectiveness” of her message, so she sued the city of Lakeland for violating her First Amendment rights.
“To protect not only my rights, but the interests of all citizens of Tennessee, this case is taken to the next level because of its constitutional implications,” she wrote on Facebook. new york postreports.
In a brief three-page ruling, the U.S. District Court agreed with Pereira. The court barred the city from taking any further enforcement action against her sign and directed the city to reimburse Pereira for the fine she paid, plus $31,000 in attorney fees and a nominal $1 due to the violation of her constitutional rights. Damages.
Few local governments will attempt to regulate someone’s political speech, no matter how profane, on social media or in newspapers. Yard signs, however, are a different story.
The government is more willing to regulate property owners who try to add expressive elements to their properties, whether it’s colorful political signs or interesting murals on the sides of local businesses.
Pereira’s victory is a reminder that the hallmark remains speech, and that freedom only works if there is space to use it.
