Free Speech in Private Communities

by: inkling

Tue Feb 07, 2006 at 02:37:10 PM EST

The plaintiffs won the right to post political signs on lawns, have equal access to the community newspaper, and have equitable access to the community room for meetings for dissident members of the homeowner association.

More than one million NJ residents are subject to the actions of their homeowner's associations.  Now, these associations will be held to constitutional standards:

"It follows that fundamental rights exercises, including free speech, must be protected as fully as they always have been, even where modern societal developments have created new relationships or changed old ones. Expressive exercises, especially those bearing upon real and legitimate community issues, should not be silenced or subject to undue limitation because of changes in residential relationships, such as where lifestyle issues are governed or administered by community associations in addition to being regulated by governmental entities."

This is good for democracy.