Free speech group critical of Franklin sign, flag ordinance

Angele Latham

Nashville Tennessean

USA TODAY NETWORK – TENNESSEE

Can you have too many American flags in your yard?

A Franklin city ordinance is facing pushback from a leading First Amendment organization for potentially violating the Constitution by regulating how residents can display flags and signs on their properties.

The Foundation for Individual Rights and Expression sent a letter to Franklin’s Board of Mayor and Aldermen on April 22 saying the city’s current policies regarding temporary signs on private property violates the First Amendment.

The letter was spurred by an incident spanning back to September, when the city cited a Franklin resident for having too many American flags in his yard.

The citation was based on a city ordinance that regulates flags and 'temporary signs,' which the city considers to be a sign 'intended for temporary use' other than 'temporary construction signs and campaign signs.' The rule states that residents can only display two temporary signs at a time, and only three flags. Temporary signs cannot be displayed for more than three months in every 12-month period.

After considerable public pushback earlier this year, the city board held a workshop in March to discuss updating the terms of the flag rule, potentially allowing more flags for holidays, longer spans of time, or more flags per flagpole. According to Milissa Reierson, communications manager for the city, the meeting was 'just to obtain some feedback,' and 'no ordinance language was drafted and presented.'

According to FIRE, however, the discussed changes still do not adhere to the First Amendment.

'These numerical restrictions violate the First Amendment as not narrowly tailored to serve significant government interests while leaving open ample alternative channels of communication,' Brennen VanderVeen, program counsel and public advocacy at FIRE, write in the letter to the city.

FIRE wrote that the 6th U.S. Circuit Court of Appeals, whose decisions govern the city of Franklin, previously cited a case in the 4th Circuit that determined ordinances limiting temporary signs did indeed run afoul of the First Amendment.

'In reviewing an ordinance that limited property owners to two signs, the Fourth Circuit observed that the county could have promoted its aesthetic interests much less restrictively by regulating only the design and condition of signs, the distance of signs from the street, and the length of time that signs are posted,' the case read.

FIRE also asserts Franklin’s ordinance inherently discriminates based on the content of signs displayed.

'Temporary construction site signs fall under a different provision of Franklin’s zoning ordinance, while campaign signs are listed as regulated by state statute,' the letter read. 'How Franklin regulates any given temporary sign thus depends on its subject matter. For example, there is no harm posed by a ‘This is Trump country’ sign that isn’t also posed by a ‘Vote for Trump’ campaign sign, and vice versa. Singling out one but not the other for restriction is purely arbitrary and certainly not narrowly tailored to addressing any problem.'

Reierson stated on April 24 the city had not received the letter and that the Board of Mayor and Aldermen are 'reviewing the ordinance.'

Reierson also pushed back on FIRE’s statement that the city regulates the content of residents’ signs.

'It is important to note, our ordinance does not restrict any content on flags or signs,' she said. 'We do however, like many other cities, limit the number of flags on a property.'

The USA TODAY Network - Tennessee’s coverage of First Amendment issues is funded through a collaboration between the Freedom Forum and Journalism Funding Partners.

Have a story to tell? Reach Angele Latham by email at alatham@gannett.com, by phone at 931-623-9485, or follow her on Twitter at @angele-latham