Friday, June 19, 2020

Westchester County Family Says They Were Unfairly Targeted After Being Forced To Take Down Banner With MLK Quote – CBS New York

Westchester County Family Says They Were Unfairly Targeted After Being Forced To Take Down Banner With MLK Quote – CBS New York

"The banner reads, “Injustice anywhere is a threat to justice everywhere.” It used to hang over the Brown family’s bay window in Eastchester above several yard signs supporting the Black Lives Matter movement. “I had the big sign for a reason because this needs to be prominent. I want people to see this because this needs to stay in the forefront of everyone’s mind right now,” Avisia Brown said. The banner with the quote from Dr. Martin Luther King Jr. was up for nearly two weeks, the family says, until they happened to find a violation letter from the town in the dirt near their front steps."

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The city should take a hard look at this decision, because they may run afoul of the US Supreme Court decision in Ladue v. Gilleo. Yard signs are protected by the First Amendment. There could be a legitimate "time, place, and manner" issue if the ordinance deals with size, placement, etc., rather than a total ban, but I think the city might be vulnerable to a First Amendment challenge.

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