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Old 09-11-2002, 07:57 AM   #1
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During this voting season, I have noticed several signs on public property which advertise a certain political candidate. Given that they are on public property, does that mean the government is endorsing that particular candidate at the exclusion of others?

Now let's say I stick a 'Jesus Saves' sign next to the politician's sign. Does that mean the government is endorsing my particular religion at the exclusion of others?
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Old 09-11-2002, 08:03 AM   #2
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I believe that those signs cannot legally be placed on public property -- and there are several laws and regulations specifying that no government employee may use government property or time on the government payroll to promote any political candidate.
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Old 09-11-2002, 08:40 AM   #3
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Interesting... I doubt it is worth making a stink over it though. Let people put up signs!
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Old 09-11-2002, 09:20 AM   #4
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Quote:
Originally posted by ManM:
<strong>Given that they are on public property, does that mean the government is endorsing that particular candidate at the exclusion of others?
</strong>
I can't speak for how this is carried out in the US, but in Canada this is allowed 1) in resticted areas, 2) during specified times (after a certain date, they must be removed), 3) by registered candidates.

None of these pose a problem in terms of "endrosement". This would be a problem if it was a representative of the state that was putting up signs for a particular candidate, or if the rules were different for each candidate, favouring some over others.

Then we'd have an endorsement issue. But in your first example, no.

As for the "Jesus Saves" sign, it depends on what the state allows in terms of signage (in Canada, you couldn't put a sign like that where other signs are, unless you were a candidate and informing people of the fact - like "Jesus Saves" vote ManM"). Still, though, remember that *you* are putting the sign there, not the state.

[ September 11, 2002: Message edited by: Wyz_sub10 ]</p>
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Old 09-11-2002, 10:24 AM   #5
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Quote:
Originally posted by ManM:
<strong>During this voting season, I have noticed several signs on public property which advertise a certain political candidate. Given that they are on public property, does that mean the government is endorsing that particular candidate at the exclusion of others?</strong>
Yes, and if it here in Minnesota the signs would get taken down quickly. The exception is when parties hold district conventions at public schools they can put campaign signs up, but they have to take them down after the meetings.

Now if the government created a public forum on public property, where anybody could post messages, that would be a different matter. But the attorny general can't put a sign saying "Hatch for Attorny General" in the courthouse window.

Edited to add:

Forget hypotheticals, this actually came up here recently. Governor Ventura put an endorsement of an Independence Party candidate on the governor's website. The site is owned by the governor's office, so someone complained and they took it down.

[ September 11, 2002: Message edited by: Godless Dave ]</p>
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Old 09-11-2002, 12:58 PM   #6
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Locally, all advertisements for candidates that were placed on public property, were pulled up/taken down because they are illegally placed under Florida Election Laws. However, that still costs the taxpayers because it is a government employee who has to drive around collecting and destroying them.
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Old 09-11-2002, 01:22 PM   #7
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Quote:
Originally posted by Alonzo Fyfe:
<strong>I believe that those signs cannot legally be placed on public property -- and there are several laws and regulations specifying that no government employee may use government property or time on the government payroll to promote any political candidate.</strong>
This is quite true. There are certain political activities that gov't employees may not do "on the clock", uniforms or badges of office cannot be worn while doing them (it'd look like official endorsement), and with only a few exceptions (like the conventions at schools someone mentioned) they cannot take place on gov't property. In some cases the line is a little murky about what is and what isn't an ok activity, but endorsing any particular candidate for office is always deemed ten shades of wrong. It's precisely these situations (rather than, say, church/state concerns) that those particular guidelines were enacted.
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Old 09-11-2002, 02:01 PM   #8
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Locally, all advertisements for candidates that were placed on public property, were pulled up/taken down because they are illegally placed under Florida Election Laws. However, that still costs the taxpayers because it is a government employee who has to drive around collecting and destroying them.
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Old 09-11-2002, 05:39 PM   #9
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Define "public property", ManM. As is apparent from the other posts here, regulated use of some public place for the display of political posters during an election period, and most importantly with equal access for all, is not the same as implicit endorsement of a particular religion.

In Australia, election posters are typically put up on power poles (I was going to say "Stobie poles" but that would just have confused y'all ) and outside polling booths (which are schools and suchlike). But in most states there are laws that require them to be all removed within 24 hours of the poll, and this is done by the candidates. No public expense.

And it's a good thing, too. It gives my kids endless fun as we drive along, seeing who can make up the funniest name for the goofiest looking candidate.
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Old 09-11-2002, 08:59 PM   #10
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Arrowman

Hold on to your hat. I don't know if this hyperlink will work or not.

<a href="http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&Search_String=& URL=Ch0106/SEC1435.HTM&Title=-&gt;2002-&gt;Ch0106-&gt;Section%201435" target="_blank">Section 1435</a>

{link edited by Toto because of complaint that it was stretching the page.}

[ September 12, 2002: Message edited by: Toto ]</p>
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