Political yard signs and free speech have become a source of significant controversy in Pennsylvania, especially in recent years.
As elections approach, the debate over displaying political yard signs has intensified. Many Pennsylvania homeowners want to show their support for candidates, but they may face challenges from their own homeowners' associations (HOAs) or community associations.
Download and print out this article by clicking 
here
First Amendment Rights and Political Signs
Our democracy relies on the First Amendment, which prohibits laws that restrict free speech. The Supreme Court has consistently upheld broad protections for political speech, including the use of political yard signs. In Pennsylvania, political signs, flags, and posters displayed close to elections are considered a form of protected speech. As a result, government actions such as zoning laws that ban political yard signs in residential areas are often ruled unconstitutional. Size restrictions and permit requirements on political signs, though less clear-cut, also undergo strict scrutiny by courts. In many cases, these regulations are deemed invalid because they infringe on free speech.
HOA Restrictions on Political Yard Signs
Despite these protections, Pennsylvania residents living in community associations may face restrictions on displaying political yard signs. These limitations come from the association's governing documents, not PA government. Both the U.S. Constitution and the Pennsylvania Constitution protect free speech only when the interference is carried out by a government entity. HOAs and community associations are private organizations and are not considered government actors. In Midlake on Big Boulder Lake, Condo. Ass'n v. Cappuccio, the Pennsylvania Superior Court upheld an HOA's right to restrict political signs. The court reasoned that because residents voluntarily purchased property in a community association, they agreed to abide by its rules, even if that meant giving up certain speech rights. Specifically, the Court held that:
The Courts of this Commonwealth have vigorously defended the rights which are guaranteed to our citizens by both the federal and our Commonwealth’s constitutions. One of the fundamental precepts which we recognize, however, is the individual’s freedom to contractually restrict, or even give up, those rights. [The unit owners] … contractually agreed to abide by the provisions in the Declaration at the time of purchase, thereby relinquishing their freedom of speech concerns regarding placing signs on this property.
Contractual Agreements in HOAs
The court in Cappuccio emphasized that individuals have the freedom to contractually limit their rights, including their right to display political yard signs. If a community association's governing documents uniformly enforce a ban on political signs, it is likely to be upheld in Pennsylvania courts. This is true even with the strong free speech protections offered by the U.S. and Pennsylvania Constitutions.
In Conclusion: Political Yard Sign Rules in Pennsylvania
While Pennsylvania law generally protects the display of signage, those living in community associations may find their rights restricted by HOA rules. These private associations are not subject to constitutional free speech protections, allowing them to enforce restrictions on political signs. However, any such restrictions must be applied consistently across the community. Understanding these distinctions is crucial for homeowners looking to display political yard signs in Pennsylvania.