City of Ladue v. Gilleo, 512 U.S. 43, 16 (1994)

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58

CITY OF LADUE v. GILLEO

Opinion of the Court

A special respect for individual liberty in the home has long been part of our culture and our law, see, e. g., Payton v. New York, 445 U. S. 573, 596-597, and nn. 44-45 (1980); that principle has special resonance when the government seeks to constrain a person's ability to speak there. See Spence v. Washington, 418 U. S. 405, 406, 409, 411 (1974) (per curiam). Most Americans would be understandably dismayed, given that tradition, to learn that it was illegal to display from their window an 8- by 11-inch sign expressing their political views. Whereas the government's need to mediate among various competing uses, including expressive ones, for public streets and facilities is constant and unavoidable, see Cox v. New Hampshire, 312 U. S. 569, 574, 576 (1941); see also Widmar v. Vincent, 454 U. S. 263, 278 (1981) (Stevens, J., concurring in judgment), its need to regulate temperate speech from the home is surely much less pressing, see Spence, 418 U. S., at 409.

Our decision that Ladue's ban on almost all residential signs violates the First Amendment by no means leaves the City powerless to address the ills that may be associated with residential signs.17 It bears mentioning that individual residents themselves have strong incentives to keep their own property values up and to prevent "visual clutter" in their own yards and neighborhoods—incentives markedly different from those of persons who erect signs on others' land, in others' neighborhoods, or on public property. Residents' self-interest diminishes the danger of the "unlimited" proliferation of residential signs that concerns the City of Ladue. We are confident that more temperate measures could in large part satisfy Ladue's stated regulatory needs

17 Nor do we hold that every kind of sign must be permitted in residential areas. Different considerations might well apply, for example, in the case of signs (whether political or otherwise) displayed by residents for a fee, or in the case of off-site commercial advertisements on residential property. We also are not confronted here with mere regulations short of a ban.

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