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Friday, January 8, 2016

Free Speech in HOAs After All


The First Amendment (Amendment I) to the United States Constitution prohibits the making of any law respecting an establishment of religion, impeding the free exercise of religion, abridging the freedom of speech, infringing on the freedom of the press, interfering with the right to peaceably assemble or prohibiting ...

In the above tweet ('social current see') from Ward Lucas, we learn about a landmark HOA case for free speech in Minnesota.  Here, a court overturned the illegal muzzle placed on an HOA member, Mel Pittel. The court quoted a landmark 1931 free press decision by the U.S. Supreme Court that few people even know about. A newspaper article is linked.

Interpretations of "freedom of speech" rights within privatopia, as in the private governments of common interest developments (aka HOAs) has been and remains a dicey and complicated matter. Those, like Lucas, who advocate for more liberal application of free speech rights in these communities welcome the Minnesota court decision.


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by Canswerist® ▶ aka Altaloman®

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A 'moniker' for the 'social current see' about common interest developments, aka HOAs, or homeowner associations, also property owner associations (POAs). These communities, while private governments, function much like cities with more than 9 million residents in these localities in California. As such, ALTACITIES, "alternate cities," are larger than the combined populations of the four largest cities in the state, Los Angeles, San Diego, San Jose and San Francisco.