Political speech is the most protected form of speech there is. When a candidate for public office places a campaign sign on his property in a condominium and is told to take it down, his right to free speech is being violated. When a candidate for his association board is prohibited from campaigning in the association, his right to free speech is being violated. Proponents of controlled living would have us believe that we voluntarily gave up our First Amendment rights when we bought into a residential association. Did we? Fortunately some courts do not agree and still hold the notion that the First Amendment is alive and well, no matter where you live.
Joining us On The Commons this week is Professor Frank Askin. Professor Askin is a law professor at Rutgers University where he established the Constitutional Litigation Clinic, involving law students in actual cases. The students have been involved in working on several cases involving HOAs and are currently working on a very comprehensive proposal to ensure fair elections in associations. Their motto is, “While others learn the law, we make the law”.