Tennessee Statewide Rule
Tennessee Political Sign Protections During Election Periods
Key Facts
- Yard signs
- Cities cannot ban on private property
- Basis
- First Amendment (Reed v. Gilbert)
- Polling places
- No campaign signs within 100 ft
- Highway billboards
- T.C.A. Title 54, Ch. 21
Summary
Tennessee cities cannot ban political signs on private residential property; content-neutral size, setback, and duration rules are allowed under First Amendment limits (Reed v. Town of Gilbert). Near polling places, T.C.A. § 2-7-111 bars campaign signs within 100 feet.
(b) Notwithstanding any law to the contrary, during the period beginning sixty (60) days before the first day voting begins pursuant to § 2-6-102(a)(1) for an election until the first day after voting ends for such election: (1) This state, a local government, or any other political subdivision of this state: (A) Shall not regulate the shape or quantity of political or campaign posters or signs placed on private property that is located more than one hundred feet (100') from a polling place if the signs or posters are placed on the property by the owner of the property or any lawful resident of a residence on the property;
Full Breakdown
Political signs on private property are protected mainly by the First Amendment: after Reed v. Town of Gilbert, local sign ordinances may not impose content-based restrictions on political signage, though content-neutral rules on size, number, setback, and display period are valid. Tennessee's polling-place statute, T.C.A. § 2-7-111, restricts the display of campaign signs and electioneering within 100 feet of a polling place entrance; that is a limit near polls, not a protection for yard signs. Outdoor advertising along federal-aid highways is governed by the Tennessee Billboard Regulation and Control Act (T.C.A. Title 54, Chapter 21), which preempts conflicting local rules.
Violations & Penalties
A city ordinance banning political yard signs on private property is unenforceable under the First Amendment. Content-neutral size, number, and setback limits may still be enforced.
Frequently Asked Questions
Can Tennessee cities ban political yard signs?
Are there limits on political signs near Tennessee polling places?
Sources
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