It almost seems a drop in a vast sea of uncertainty to talk of something as seemingly small as signs in Sag Harbor. Yet in the context of the re-election of a Constitution-defying leader, small freedoms will come to loom large.
As Election Day loomed last week, a loose group of artist friends got together to craft “Vote” signs from a variety of materials — fabric, knitting, sparkly paper, plastic sheets — and attach them to trees and utility poles. Though objectively nonpartisan, reading between the lines, the do-it-yourself vibe aligned more with the Kamala Harris campaign than Donald Trump’s. They were fun to look at, beautiful, and personal, and that, in Sag Harbor at least, was a problem. According to eyewitnesses, a village employee was seen taking the signs down on Friday morning.
The Sag Harbor Village ordinance book has an exhaustive section dealing with signs. On paper, even temporary signs are not allowed on or above sidewalks or in the public right of way along the streets without the written permission from the village board no matter what they say. Moreover, signs in the historic district, basically all of the village, must carry the approval of the board of historic preservation and architectural review. By now, a reader might think, “They have got to be kidding.” Signs in clear violation of the rule can be found everywhere in the village, for lost pets, yard sales, and community events. In more than a few places, nailed to utility poles, there are signs admonishing passers-by to “Elect Jesus.” These signs do not attract the attention of village employees.
Beyond hypocrisy, the village is violating a fundamental legal principle of the United States by removing some signs and leaving others alone. The Supreme Court has said many times that content-based regulations of speech are unconstitutional. In 1972, Justice Thurgood Marshall wrote for the court that “the First Amendment means that government has no power to restrict expression because of its message, its ideas, its subject matter, or its content.” That is, all signs must be treated equally regardless of what they say.
To apply the First Amendment evenly, Sag Harbor would be within its rights to remove all signs. By this standard it is wrong for the village to leave the “Elect Jesus” signs in public view but to rid us of the ones suggesting the means by which he might get into office.