Hello Fellow LITW Residents,
There seems to have been a bit of confusion today when a couple of candidates who are currently running for Hernando County political positions came into our neighborhood. Our neighborhood does not allow soliciting and for the security of our residents, our guards do everything they can to keep solicitors out. However, political canvassing is a federally protected activity. Canvassing has been distinguished as different from commercial solicitation by law. The First Amendment protects non-commercial speech. Political speech is part of this non-commercial speech. If a notice board or sign says that solicitors are not allowed in a neighborhood, candidates (and volunteers on their behalf) can still legally canvass it.
It is the responsibility of the candidate and their volunteers to respect private property. If a resident chooses to display a sign saying “no canvassers” or “no trespassing”, the canvasser must not disturb that resident. Apart from no canvasser individual signs on individual properties, we as a homeowner’s association cannot bar or exclude a canvasser from going home to home. Laws requiring canvassers to get a permit before going door to door have been found by the US Supreme Court to violate the First Amendment. Additionally, the US Third Circuit Court of Appeals ruled that towns cannot even require canvassers to provide any notice before going door to door. Towns must allow canvassing between 9 a.m. and 9 p.m.
So, we must understand the difference between a solicitor and a canvasser. A contractor or roofer working on a house in the neighborhood does not have a right to visit neighbors to ask for business as this is commercial speech (solicitation) and can be regulated or even barred. A candidate or a volunteer speaking on their behalf is canvassing, not soliciting and is protected by the First Amendment.
Thank you for your patience and understanding.
Marty Martino, V President
Lake In the Woods Owner’s Assn Inc.
Reference:
The Supreme Court has repeatedly reaffirmed the right of individuals to go door-to-door for political
activity. Watchtower Bible and Tract Society of New York v. Village of Stratton (2002), 536 U.S. 150;
Martin v. City of Struthers (1943), 319 U.S. 141; Thomas v. Collins (1945), 323 U.S. 516, 540-41; Hynes v.
Mayor and Council of Oradell (1976), 425 U.S. 610; Murdock v. Pennsylvania (1943),319 U.S. 105;
Jamison v. Texas (1943), 318 U.S. 413; Cantwell v. Connecticut (1940), 310 U.S. 296; Schneider v. State
(Town of Irvington)(1939), 308 U.S. 147; Lovell v. City of Griffin (1938), 303 U.S. 444