Home Lifestyle Judge declares city’s penalty for offensive yard sign regarding Biden and Trump to be unconstitutional

Judge declares city’s penalty for offensive yard sign regarding Biden and Trump to be unconstitutional

0

A Tennessee woman has won a legal battle affirming her constitutional right to display a profanity-laden yard sign criticizing both President Joe Biden and former President Donald Trump. Julie Pereira put up a sign in her front yard that read “F— ’Em Both 2024,” leading to fines from the city of Lakeland for violating its rules on obscene content in signage. Pereira, dissatisfied with the presidential candidates, argued that her sign served as a direct and clear expression of her views.
U.S. District Judge Mark Norris in Memphis issued a ruling stating that Pereira’s political sign is protected under the First Amendment and cannot be considered obscene. Pereira’s attorney, Daniel Horwitz, applauded the outcome as a victory for free speech and expression. As part of a settlement, the city of Lakeland agreed to pay Pereira approximately $32,000 in legal fees and reimburse nearly $700 in fines.
Lakeland’s regulation on signs had specified prohibitions against statements or images of an obscene nature, and officials had initially demanded that Pereira censor her sign. After briefly complying with redactions, Pereira ultimately removed the censorship and resumed displaying the uncensored sign. The lawsuit argued that the use of profanity is not constitutionally considered obscene, citing a 1971 Supreme Court case overturning the conviction of an individual for wearing a jacket with profane anti-draft messaging.