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Saturday, June 06, 2015

there might or might not be a controversy over delaware offials removing westboro baptist's signs at beau biden's funeral.

Signs in violation will be removed by DelDOT and a $25-per-violation fine imposed. If a candidate wants the sign back, it's another $15. The candidate himself or herself is responsible for any violation by an overzealous supporter.
http://archive.delawareonline.com/article/20100823/OPINION03/8230311/It-s-time-again-Illegal-campaign-signs-popping-up
seems questionable. a 10 foot right of way limit  is more than post places, too.
Those rules followed a 1990 court decision in favor of Daniel D. Rappa Sr., who had complained that his gubernatorial campaign signs had been removed
It's been a while since I've read that case.
http://openjurist.org/18/f3d/1043/rappa-v-new-castle-county

footnote for later research:
Cf. Abdul-Akbar, 4 F.3d at 202-03 (concluding that the standard announced in Bounds v. Smith, 430 U.S. 817, 828, 97 S.Ct. 1491, 1498, 52 L.Ed.2d 72 (1977), as to what would constitute the constitutionally required "adequate" law libraries and assistance from legally trained individuals was sufficiently indefinite that the defendant officials did not violate a clearly established constitutional right).

2nd footnote:
http://caselaw.findlaw.com/us-3rd-circuit/1311314.html
upholds censorship yard sign code

3d Dayy Rappa lost a 2nd case http://law.justia.com/cases/federal/district-courts/FSupp/991/367/1806045/.



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