The next presidential election will take place on Tuesday, November 3, 2020, but the electoral race has already begun! Candidates for President of the United States of America have already announced themselves: from the current President, Donald Trump, to those on the leftwing, including Bernie Sanders.[1] With current impeachment proceedings taking place, more than ever, people are talking about who should be president.[2] One of the most common ways to announce a person’s political stance has been to post a political campaign sign in their yard. Most have probably seen those cardboard signs plastered around the country, but you may have a harder time finding them in Baltimore City. At least for now.

The Baltimore City code (“The Code”) states that “signs announcing candidates seeking elected public office” may not be placed in yards until “the last day on which a certificate of candidacy may be withdrawn.”[3] This means that February 3, 2020 will be the first day that the City of Baltimore will allow campaign signs to be posted.[4] The code also requires that all signs be removed within thirty days after the primary election day for “unsuccessful . . . candidate[s]” and thirty days after any general election for “all other candidates.”[5] Meaning that if your choice candidate loses, you can no longer show support for them after thirty days.

At this point, something in your head is probably screaming freedom of speech! under the First Amendment to the United State Constitution.[6] After a series of recent complaints to clarify the law, the city finally took action.[7] On November 12, 2019 the Baltimore City Council’s Housing and Urban Affairs Committee met for a public hearing to address the citizens’ concerns.[8] The concern is that the law is confusing, because while included in the code, it is not typically enforced, and should it be enforced it would likely violate the First Amendment.[9] The Housing and Urban Affairs Committee approved the issue for review by the City Council for the purpose of “conforming and clarifying related provisions” of the Code.[10] The issue is still under review by the City Council, and may be addressed at the next meeting of the City Council on December 2, 2019.[11]

Nicholas A. Tomso is a 3rd year day student and Associate Editor for Law Forum at the University of Baltimore School of Law. Nicholas works at an estate planning law firm in Towson, MD, where he is in charge of writing and drafting a variety of legal documents. These documents range from simple court petitions to complex testamentary trusts. Nicholas will graduate in May 2020 and continue to work in the estate planning field.

[1] Maureen Groppe, President Donald Trump and Vice President Mike Pence renew their political vows in advance of 2020, USA Today (Nov. 7, 2018, 1:38 PM), Bernie Sanders announces run for presidency in 2020: ‘We’re gonna win’, The Guardian, https://www.theguardian.com/us-news/2019/feb/19/bernie-sanders-announces-2020-run-presidency.

[2] John Wagner and Colby Itkowitz, Impeachment hearings live updates: Trump says Democrats ‘looked like fools’ during public hearings, The Washington Post (Nov. 22, 2019, 3:54 PM), https://www.washingtonpost.com/politics/impeachment-hearings-live-updates/2019/11/22/54fff730-0ca9-11ea-97ac-a7ccc8dd1ebc_story.html.

[3] Balt. City, Md., Police Ordinances art. 19 § 46-1(a) (1976).

[4] Talia Richman, Baltimore’s restrictions on campaign signs are illegal. They’ve been around for decades. That may soon change, Balt. Sun (Nov. 12, 2019), https://www.baltimoresun.com/politics/bs-md-pol-campaign-sign-limit-20191112-cjxfryj2k5cxfokr2lmgz2xkre-story.html.

[5] Balt. City, Md., Police Ordinances art. 19 § 46-1(b) (1976).

[6] U.S. Const. amend. I.

[7] Richman, supra note 4.

[8] Meeting Minutes – Final, Housing and Urban Affairs Committee (Nov. 12, 2019), https://baltimore.legistar.com/View.ashx?M=M&ID=722788&GUID=9ED98BC0-1181-418A-A0E5-FC0CE7891317.

[9] Richman, supra note 4.

[10] Supra note 8.

[11] Meeting Agenda – Final, City Council (November 18, 2019), https://baltimore.legistar.com/View.ashx?M=A&ID=653325&GUID=2C6E5740-B08B-4682-B0C3-0D70477F9B0F.