Are political flags equivalent to signs? Context: A Florida Condominium HOA prohibits signs. UPDATE: Assume that HOA governing law is FS718. Excluding the flags described in FS718: (4) Any unit owner may display one portable, removable United States flag in a respectful way and, on Armed Forces Day, Memorial Day, Flag Day, Independence Day, and Veterans Day, may display in a respectful way portable, removable official flags, not larger than 41/2 feet by 6 feet, that represent the United States Army, Navy, Air Force, Marine Corps, or Coast Guard, regardless of any declaration rules or requirements dealing with flags or decorations. Are political Flags (&quot;Trump 2024&quot;) prohibited under the HOA's no signs rule? Why or why not?
Are political Flags (&quot;Trump 2024&quot;) prohibited under the HOA's no signs rule? Why or why not? Probably. The Florida statute seems to imply that a flag is a type of sign and usually a political sign, even in the form of a flag, is still considered to be a sign. The Florida statute, in any case, only excludes the U.S. flag, not any other kind of flag. The First Amendment doesn't apply to an HOA declaration, although one could argue that FS 718 is a content based restriction of speech by exempting only the U.S. flag on particular days, and not other kinds of flags on other days, but that doesn't make a remedy clear. Allowing political signs isn't an obvious remedy for a 1st Amendment violation in FS 718.
Federal facilities are required to adhere to the flag code. Non-federal governmental entities are not, and the explanation is more complicated. In theory, the federal government should have very little power over the decision-making of state governments -- this is a principle of federalism and is expressly stated in the 10th Amendment. In practice, however, the federal government has a lot of power over state governments. Congress can condition the allotment of federal monies to states, i.e. block grants, as long as such a condition meets the five point test spelled out in South Dakota v. Dole. The most stringent of these points is that the condition "must not be coercive" so as to apply "irresistible pressure", creating a false choice where accepting money is the only realistic option (thus complying with the conditions). I couldn't find a clause within USC Title 4, Chapter 1 for withholding funds from states in the event of noncompliance, similar to one that exists for the national drinking age. Therefore states (state, county, municipal all treated as an extension of state power under the US Constitution) are not required to to adhere to the flag code. Theoretically, Congress could pass a new law that would condition the receipt of some federal funds on the states' compliance with the flag code. But the new low could face additional hurdles, since the condition must be "directly related to one of the main purposes for which... [the funds] are expended" (quoting from Dole). This restriction is the reason why states were given the right to opt out of the Obamacare medicare expansion without losing their pre-existing Medicaid funding (567 U. S. ____ (2012) at 51), and is also the reason why the recent "Sanctuary Cities Ban" is having legal trouble. It would be unlikely that any law like this would hold up. It's also worth noting that most states have their own flag law, which makes this whole discussion of the federal law's effect on state facilities. As you noted, since US v. Eichman, all criminal penalties for violating any flag code have been unenforceable against individuals. My best guess is that the proper method of enforcement in federal buildings is simply administrative action, since violating the code can provide cause for firing federal employees under Chapter 75 of the Civil Service Reform Act of 1978.
First of all, to clarify some numbering, HR 4635 (107th Congress) was not actually passed. The language was passed as part of HR 5005, becoming Public Law 107-296, and this provision now appears at 49 USC 44921. The exact text of this provision is: A Federal flight deck officer shall not be liable for damages in any action brought in a Federal or State court arising out of the acts or omissions of the officer in defending the flight deck of an aircraft against acts of criminal violence or air piracy unless the officer is guilty of gross negligence or willful misconduct. The language makes it clear that this is only referring to civil liability. So, if the officer is defending the flight deck, and they are sued for damages resulting from their actions, the plaintiff will not win (assuming the law is correctly applied). But this law says nothing about whether or not they can be prosecuted for a crime. In any case, the officer in your example does not appear to have been defending the flight deck, so this law wouldn't apply at all. In your example, the officer's defense against a murder charge would probably be based on defense of others. There is a discussion on Justia. It seems that a key question would be whether shooting the unruly passenger was proportional - was there a reasonable fear that the passenger was actually going to kill someone?
Assuming that the HOA duly adopted the rule that requires this disclosure, probably yes. An HOA is not subject to the privacy law or constitutional restrictions of a governmental entity, an HOA is the de facto owner of the common areas of the HOA, and in general, a private property owner can insist on getting any information the private property owner wishes as a condition of using a private property owner's property. Generally speaking, however, the declarations of a condominium set forth the process by which rules like this one can be adopted and those rules have to be followed for the rule to be valid.
Political speech is at the core of First Amendment protections on free speech, but there are still legal limits that exist on political speech. (I respectfully disagree with the idea posited by user6726's good answer that political speech is immune from legal restraint.) Direct incitement to imminent lawless action that is likely to occur can technically be prohibited and people can be arrested for it, but the segments I've seen of the most pro-violence of Donald Trump's rallies have not quite risen to that standard. He has been couching his incitement-related language carefully; it sounds much tougher than it actually is. "I will pay to defend you if you commit a crime" or even an approving "back in the day, you used to get a punch in the face for X" is not the same as saying "Punch those people in the face on your way out" or "Let's knock those protestors out of here in 3, 2, 1... GO!" While I'm not saying that a pre-crime promise to cover legal fees can never be enough to rise to the level of conspiracy (that's an interesting question), it also isn't really incitement to riot. But If Donald Trump, or anyone else, used their political position to speak at a public event and directly incite a riot, then they could be arrested under an applicable law without violating the First Amendment. There are also other limits on political speech, such as defamation. While a political speaker has incredibly wide leeway, there are still limits that exist, especially if the speaker targets a private citizen rather than another political figure.
&quot;Posted&quot; is a Term of Art &quot;Posted&quot; is a term of art in trespass law, specifically meaning that signs forbidding entry have been placed at the borders of a parcel. The page &quot;Properly posted definition&quot; from Law Insider reads: Properly posted means that signs prohibiting trespass—or bright yellow, bright orange or fluorescent paint—are clearly displayed at all corners, on fishing streams crossing property lines, and on roads, gates and rights-of-way entering the land. Or, they are displayed in a manner that is visible to a person in the area. The entry &quot;Posting&quot; in the &quot;Legal&quot; section of The Free Dictionary reads: Posting In connection with Trespass statutes, the act of placing or affixing signs on private property in a manner to give notice of the trespass. The page &quot;The Importance of Posting Property Signs&quot; reads in relevant part: Why should you use posted signs on property? Posting property is a great way to let someone know they have entered private land and they might not be welcome. Using posted signs not only indicates trespassing but also can specify restricted activities. Signs are good for both rural and urban settings as a way to protect owners and their property. ... Most states have specific rules for property signs that must be followed. Some rules may include: Words used: POSTED or NOTICE Sign size: 11&quot; x 11&quot; or 144 square inches Lettering size: minimum of 2&quot; Sign color: purple, bright orange, yellow Sign distance: every 100 feet Some states allow the use of spray paint to mark trees and fences in lieu of a sign. Purple paint is frequently used because it stands out against common natural colors. However, if a trespasser is unaware of this marking method, it would be more effective to use a sign. Check local and state laws to confirm what is needed to properly post legally in your area. Several US states use the term &quot;Posted&quot; in their laws on trespass, and provide that the presence of the word &quot;posted&quot; on a sign has special significance. Maryland maryland Maryland Criminal Law Code § 6-402 (2017) provides that: (a) Prohibited. -- A person may not enter or trespass on property that is posted conspicuously against trespass by: (a) (1) signs placed where they reasonably may be seen; or (a) (2) paint marks that: (a) (2) (i) conform with regulations that the Department of Natural Resources adopts under § 5-209 of the Natural Resources Article; and (a) (2) (ii) are made on trees or posts that are located: (a) (2) (ii) 1. at each road entrance to the property; and (a) (2) (ii) 2. adjacent to public roadways, public waterways, and other land adjoining the property. The law firm page &quot;Trespassing Laws in Maryland&quot; reads in relevant part: Posted Property Trespass A person is not allowed to enter onto property that is posted conspicuously against trespassing. That posting can come in the form of signs that are placed where they can be reasonably seen or by paint marks on trees or posts at the entrances and land adjacent to the property. New York new-york-state The page &quot;Posting Your Land&quot; from the NY Dept of Environmental Conservation reads in relevant part: Trespassing Trespassing is illegal even on unposted property. Instead of posting, a landowner or other authorized person may issue written notice to another individual informing them that they are prohibited from entering the property. The notice must contain a description of the property, what restrictions apply (hunting, fishing, trapping) and the person or persons prohibited from entry. It should be delivered by certified mail or other processes (ex: legal notice in newspaper) to prove that the person was served. At any time, anyone by the landowner, occupant, or other authorized person to leave the premises (posted or not), must do so immediately. Trespassing on areas posted against trespass pursuant to the Environmental Conservation Law is punishable by a fine up to $250 and/or up to 15 days in jail. It is a defense to this type of trespass that there are not signs posted instructing people to stay off the property. It may also be a defense that any signs posted in the area are not in the proper place to be easily seen by visitors to the property. Signage Details Hardware and farm supply stores frequently carry signs for posting. Customized signs may also be obtained from local printers. DEC doesn't provide signs to private landowners unless the landowner is a cooperator under the Fish and Wildlife Management Act. In this case, they will be provided with &quot;Safety Zone&quot; signs. Cooperators provide free public access to most of their property in a large cooperative hunting/fishing area. Signs must be a minimum of 11 inches by 11 inches. They also must bear the name and address of the owner, lawful occupant or other person or organization authorized to post the area. The sign must bear a conspicuous statement which shall either consist of the word &quot;POSTED&quot; or warn against entry for specified purposes or all purposes without the consent of the person whose name appears on the sign. These words must cover a minimum space of 80 square inches (about 9 by 9 inches) of the sign. Image from the NYS DEC page linked above (There is a very similar image included in the Wikipedia article &quot;Trespass&quot;.) California california In California &quot;Posted property&quot; is the legal term for property where suitable signs have been placed along the boundary or near it, to informa people tht trespassing is forbidden. But it appears that in CA the word &quot;Posted&quot; need not appear on such signs, the words &quot;No Trespassing&quot; being sufficient. California also makes it a misdemeanor (Under section 602) to enter into or remain on property of another, without any legal right to be there, if one is instructed not to enter, or to leave, but such proeprty is not considered &quot;posted&quot;. California Penal Code section 553 provides that: he following definitions apply to this article only: (a) “Sign” means a sign not less than one (1) square foot in area and upon which in letters not less than two inches in height appear the words “trespassing-loitering forbidden by law,” or words describing the use of the property followed by the words “no trespassing.” (b) “Posted property” means any property specified in Section 554 which is posted in a manner provided in Section 554.1 . (c) “Posted boundary” means a line running from sign to sign and such line need not conform to the legal boundary or legal description of any lot, parcel, or acreage of land, but only the area within the posted boundary shall constitute posted property, except as otherwise provided in subdivision (e) of Section 554.1 . California Penal Code section 554 provides in relevant part that: Any property, except that portion of such property to which the general public is accorded access, may be posted against trespassing and loitering in the manner provided in Section 554.1 , and thereby become posted property subject to the provisions of this article applicable to posted property, if such property consists of, or is used, or is designed to be used, for any one or more of the following: ... California Penal Code section 554.1 provides that: Any property described in Section 554 may be posted against trespassing and loitering in the following manner: (a) If it is not enclosed within a fence and if it is of an area not exceeding one (1) acre and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of the area and at each entrance. (b) If it is not enclosed within a fence, and if it is of an area exceeding one (1) acre, or contains any lineal dimension exceeding one (1) mile, by posting signs along or near the exterior boundaries of the area at intervals of not more than 600 feet, and also at each corner, and, if such property has a definite entrance or entrances, at each such entrance. (c) If it is enclosed within a fence and if it is of an area not exceeding one (1) acre, and has no lineal dimension exceeding one (1) mile, by posting signs at each corner of such fence and at each entrance. (d) If it is enclosed within a fence and if it is of an area exceeding one (1) acre, or has any lineal dimension exceeding one (1) mile, by posting signs on, or along the line of, such fence at intervals of not more than 600 feet, and also at each corner and at each entrance. (e) If it consists of poles or towers or appurtenant structures for the suspension of wires or other conductors for conveying electricity or telegraphic or telephonic messages or of towers or derricks for the production of oil or gas, by affixing a sign upon one or more sides of such poles, towers, or derricks, but such posting shall render only the pole, tower, derrick, or appurtenant structure posted property. California Penal Code section 555 provides that: It is unlawful to enter or remain upon any posted property without the written permission of the owner, tenant, or occupant in legal possession or control thereof. Every person who enters or remains upon posted property without such written permission is guilty of a separate offense for each day during any portion of which he enters or remains upon such posted property.
Short answer: It depends on the state and exactly how you do so. Stating how you voted, by itself, is fine; however, taking a photo of your ballot instead of just saying how you voted is illegal in some states, especially if the photo was taken within a polling place. Laws banning these so-called &quot;ballot selfies&quot; may be unconstitutional, and have been successfully challenged under the first amendment in some cases. There is not a general ban on simply saying who you voted for. This is an extremely common practice, and it is the basis for &quot;exit polling,&quot; where voters leaving a polling place are asked whom they voted for in order to collect voting statistics to predict the winner of the election. This type of polling has been upheld by courts, and it sounds like laws banning it were primarily concerned with voter intimidation rather than vote-buying. As of 2016, 18 states banned sharing any photograph of a ballot, while an additional 6 ban photography in polling places. The rationale for such laws is to prevent vote-buying, because if you can't take a photo of your ballot, you can't prove whom you voted for (whereas without the photo, you could simply vote however you like, then lie). However, at least one such law has been challenged in federal court and invalidated as a violation of the first amendment (in Rideout v. Gardner) &quot;because it is a content-based restriction on speech that cannot survive strict scrutiny.&quot; If such first-amendment challenges continue to be upheld, it is possible that this practice will be legal throughout the United States.
Fully enclosed area means being inside something, likely a non-see-through fence. You will not convince anyone that a trash can is &quot;fully enclosed; it is a container, which is called out. Your chance of litigating this successfully is approximately zero unless your goal is to spend money and force the HOA to do the same. You can certainly ask what the expectation is or examples that meet the requirement. Your ability to fight your issue by citing other installations is limited unless they are forcing you to do something other homes are not required to do. &quot;I can see your can with a drone&quot; will not let you leave your trash can out.