Can my neighbor place offensive campaign signs on their property? What Texas law says

Many Americans choose to maximize their right to free speech during election season.

Whether through campaign signs or debates, people take advantage of this time to boldly express their political views.

One way people do that is by posting campaign signs, which can be found in the front yards of voters all over Texas.

But what if the message on a sign is offensive? Is that illegal? Here’s what the law says.

Are offensive campaign signs illegal in Texas?

Texas law does not clearly restrict signs with offensive language. The law only restricts the time for when signs can be displayed.

Signs may not be displayed more than 90 days before an election and must be removed within 10 days of the results.

However, there are regulations for signs displayed by property owners’ associations under Texas law.

One law says signs “may not enforce or adopt a restrictive covenant that prohibits a property owner from displaying on the owner’s property one or more signs advertising a political candidate or ballot item for an election.”

However, homeowner associations do have a say in what kind of sign can be displayed under Texas law.

Texas law protects HOAs that want to enforce rules prohibiting signs that:

• Include the painting of architectural surfaces.
• Threatens the public health or safety.
• Are larger than four feet by six feet.
• Violates a law.
• Contains language, graphics, or any display that would be offensive to the ordinary person; or is accompanied by music or other sounds or by streamers or is otherwise distracting to motorists.

The law also allows HOAs to require that a sign be ground-mounted and limit a property owner to displaying only one sign for each candidate or issue. A sign that violates such restrictions under Texas law can be removed.

Can I legally remove my neighbor’s offensive campaign sign?

Removing a political sign can be seen as theft or vandalism, according to Texas law.

“A person commits an offense if he unlawfully appropriates property with intent to deprive the owner of property, according to a Texas Penal Codes.

The Penal Code for vandalism says a person commits an offense “if they, without the effective consent of the owner, intentionally or knowingly makes markings, including inscriptions, slogans, drawings, or paintings, on the tangible property of the owner with paint, an indelible marker or an etching or engraving device.”

The punishment for both offenses ranges from hefty fines to jail time, depending on the damages.

This story was originally published October 11, 2024 at 5:47 PM.

Tiffani Jackson

Fort Worth Star-Telegram

Tiffani is a service journalism reporter for the Fort Worth Star-Telegram. She is part of a team of local journalists who answer reader questions about life in North Texas. Tiffani mainly writes about Texas laws and health news.