Joined: Fri 01-24-2003 7:13PM Posts: 1652 Location: down the hill
Source: MST Wireless
First Amendment wrote:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
The first amendment only prohibits Congress from making a law which restricts those freedoms. States, counties, cities, and homeowner's associations are free to make laws, ordinances, and rules which prohibit free speech, freedom of religion, etc. They generally do not violate these things as most states have a similar guarantee in their own constitutions. Over time, the Supreme Court has ruled that even though its words restrict only the Federal government, it is binding upon the states and political subdivisions thereof.
Interestingly enough, the Second through Eighth Amendments have wording such as "shall not be infringed" or "No Soldier shall" or "shall not be violated" or "No person shall be held" which mean that these other Amendments are restrictions on all levels of government, not merely the Federal government. They chose their words carefully, and I kind of wonder why they didn't extend the First Amendment protections against state governments as well.
_________________ heretic^ stars as Samuel Jackson in the summer's newest thriller: Owls on a Forum!
Joined: Mon 11-17-2003 12:27AM Posts: 3128 Location: The Bat Cave
Source: Off Campus
Unfortunately we live in a society where even the most benign of things can be deemed offensive. Just because she/you/I/99.99999% of the nation doesn't think it is offensive, mean that somebody won't.
Quote:
The subdivision's rules say no signs, billboards or advertising are permitted without the consent of the architectural control committee.
That is a peace SIGN, is it not?
Just to make clarification, I don't agree with it, it is just a great reason to not live somewhere where your decorations can be chosen for you.
_________________ Carney Institute of Technology
Why not outlaw MURDER instead of trying to outlaw guns?
Homeowners Associations have a pretty crazy amount of power. I remember reading a few weeks back about a couple that has been banned from smoking in their own condo by their assoc.
The conclusion? Don't move in anywhere with a homeowner's accociation, if you can avoid it.
_________________ "If Tyranny and Oppression come to this land, it will be in the guise of fighting a foreign enemy." -James Madison
Homeowners Associations have a pretty crazy amount of power. I remember reading a few weeks back about a couple that has been banned from smoking in their own condo by their assoc.
The conclusion? Don't move in anywhere with a homeowner's accociation, if you can avoid it.
I was looking at a maintenance-provided community near the racetrack in KCK, and, while I'm not 100% sure that I heard the sales pitch right, it sounded like families with kids under age 18 weren't allowed per the HOA agreement. Apparently it was marketed toward the empty-nester crowd. I pretty much left right after that. Don't get me wrong, I don't like kids and don't plan on having any, but if some family wants to pay me $10 million for my house, I want to be able to say "yes, by all means, where do I sign?", not "oh, I'm sorry, my stupid HOA won't let me sell this to you."
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