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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsHomeowner Refusing to Remove 'F*** Biden,' Pro-Trump Flags Faces $500-a-Day Fine
A woman who has decorated the outside of her home with profanity-laced anti-President Joe Biden flags is refusing to remove the paraphernalia despite being issued a notice of violation and drawing the ire of residents.
Andrea Dick argued the six flags, three of which include the words "F*** Biden," hanging on the fence of her home in Roselle Park, New Jersey, are protected under the First Amendment.
However, the borough's code enforcement department disagreed, saying the colorful display breaks a local ordinance that prohibits signs containing "obscene, pornographic or lewd messages," NJ.com reports.
Code enforcement officials sent a "notice of inspection" by mail on Wednesday citing the ordinance and requesting for the signs to be taken down. If Dick does not remove the display from the property, she will be issued with a summons and the matter will be referred to the municipal court, the publication said citing town officials.
https://www.msn.com/en-us/news/us/homeowner-refusing-to-remove-f-biden-pro-trump-flags-faces-dollar500-a-day-fine/ar-AAKFJ8r
So is the orange blob worth $500 a day?
louis-t
(24,556 posts)Dumbass.
Maybe she thinks her hero will pay the fine for her.
PoliticAverse
(26,366 posts)In It to Win It
(12,174 posts)the cause for her.
mahatmakanejeeves
(67,848 posts)There are others just as eager to tell lthe city where it can get off.
Demsrule86
(71,464 posts)MarineCombatEngineer
(17,391 posts)This is protected political speech, especially on her own property and the courts are going to agree with that.
MarineCombatEngineer
(17,391 posts)her 1st Amendment right, not the other way around.
Mr.Bill
(24,906 posts)overuling the Constitution.
ruet
(10,172 posts)judgments. She'll still win though. ...and rightly so.
Dorian Gray
(13,845 posts)I think she's a total jerk. But she also has the right to fly her stupid flag.
inthewind21
(4,616 posts)Then every HOA in the country should have been shut down by now. Don't be so sure she'll automatically win on the "it's my 1st amendment right" argument. It's not that simple.
MarineCombatEngineer
(17,391 posts)and she will win on 1A grounds, the town is clearly wrong, they can regulate the size of signs, but they cannot regulate political speech, which this is, especially as it's on her own property.
If the town pursues this, they will lose and lose badly and probably have to pay her court costs, attorney fees and possibly a settlement.
And it is that simple.
Dorian Gray
(13,845 posts)and she didn't have to sign an HOA contract to move into her home. So she'll win.
jimfields33
(19,382 posts)Its so dumb to put these types of signs out. I would not even put a f*** Trump sign up. The damage done to property could be huge by the MAGA idiots.
mahatmakanejeeves
(67,848 posts)If there's a city ordinance that says you can't have a sign in your yard or on your fence no bigger than, say, 20 square feet, that's fine. The ordinance is not targeting content.
If the ordinance is targeting content, that's not fine.
rsdsharp
(11,664 posts)Cohen v. California, 403 U.S. 15 (1971), held that a man couldnt be convicted of disturbing the peace for wearing a jacket with the slogan Fuck the draft.
It may be tacky, but its legal.
ripcord
(5,553 posts)We marched to protect offensive speech when I was young.
mahatmakanejeeves
(67,848 posts)the First Amendment is all about.
The First Amendment does NOT assure me of the right not to have my feelings hurt.
Andrea Dick is going to win this one, period, the end, one thousand percent, yadda yadda yadda.
It's been said many times, many ways: the First Amendment assures people of the right to let everyone know how big an idiot they are.
If the election of 2016 was any indication, that may be our most cherished right.
Thank you for putting up the good fight.
rsdsharp
(11,664 posts)Fuck the Draft was protected speech, and Cohen couldnt be guilty of disturbing the peace for wearing it on his jacket.
iemanja
(57,250 posts)and they haven't been treated in the same way as clothing.
MarineCombatEngineer
(17,391 posts)political content, especially on someone's private property.
If this town takes this all the way to court, they will lose badly and probably end up paying this woman a settlement.
rsdsharp
(11,664 posts)This restriction deals with content. In this case, the flag would appear to pass the SLAPS tests.
Chainfire
(17,757 posts)She may have a right to protest, on her own property, that outweighs the State's interest in protecting others from her messages.
I am glad I am not trying to sell the house next door.
SpankMe
(3,644 posts)There's a higher court ruling or 2 that affirm full-on 1st amendment protections for profane bumper stickers.
Lawn or house signage should be no different.
ornotna
(11,396 posts)Unfortunately she'll probably win.
Grins
(9,190 posts)Her actual name is Dick!!!!
Surprised that wasnt pointed out earlier.
ornotna
(11,396 posts)I'll admit, I went for the easy shot.
Seriously though, she's a dick.
Effete Snob
(8,387 posts)Being an asshole is one of our most sacred rights as Americans.
Demsrule86
(71,464 posts)won by towns and by homeowner associations.
MarineCombatEngineer
(17,391 posts)You have links for that?
Because I have a mask that says Fuck Trump and it has a picture of an extended middle finger that I wear when I'm out and about and it's perfectly legal, even among children.
I think you're wrong about towns winning the legal fight, HoA's? not so sure.
This is clearly protected political speech and the town is going to lose badly if they decide to pursue it in the courts.
BlueStater
(7,596 posts)Because regardless of whether its legal or not, you really shouldnt.
MarineCombatEngineer
(17,391 posts)I do.
I've been in a few confrontations over my wearing that mask, but my size and demeanor usually de-escalates the situation.
BlueStater
(7,596 posts)Id get pissed off if you exposed my nephew to that crap. Just because something is legal doesnt necessarily make it right.
MarineCombatEngineer
(17,391 posts)not mine.
Have a great Fri. and a wonderful weekend.
BlueStater
(7,596 posts)MarineCombatEngineer
(17,391 posts)Effete Snob
(8,387 posts)That's correct.
Speech which doesn't offend anyone doesn't need legal protection either.
The First Amendment is not there to protect speech that doesn't piss someone off. It is there PRECISELY to protect speech which pisses someone off.
Obviously, if everyone avoided saying things which offended someone, there would be no point to having a First Amendment.
MarineCombatEngineer
(17,391 posts)BlueStater
(7,596 posts)Where in my post did you see me advocate for arresting people who use language that offends me?
You can be profane in front of small children and Im allowed to express my opinion that its a pretty dickish, inconsiderate thing to do. Thats my First Amendment right.
Effete Snob
(8,387 posts)Funny.
R.A.V. v. St. Paul, 505 U.S. 377 (1992)
When the basis for the content discrimination consists entirely of the very reason the entire class of speech at issue is proscribable, no significant danger of idea or viewpoint discrimination exists. Such a reason, having been adjudged neutral enough to support exclusion of the entire class of speech from First Amendment protection, is also neutral enough to form the basis of distinction within the class. To illustrate: a State might choose to prohibit only that obscenity which is the most patently offensive in its prurience i.e., that which involves the most lascivious displays of sexual activity. But it may not prohibit, for example, only that obscenity which includes offensive political messages. See Kucharek v. Hanaway, 902 F.2d 513, 517 (CA7 1990), cert. denied, 498 U.S. 1041 (1991).
FloridaBlues
(4,640 posts)SoonerPride
(12,286 posts)If she fights this she will win.
The ACLU would even help her. Wouldnt that be ironic?
dchill
(42,660 posts)PoliticAverse
(26,366 posts)that would advise them to drop the issue as soon as possible before it starts costing them money leading to an eventual loss.
0rganism
(25,441 posts)That should save everyone a bit of time, you'll know what to expect when you interact with Andrea Dick
Trumpists should be encouraged to peacefully proclaim their allegiance as loudly and proudly as they wish, so that others may know them to be mad.
ZonkerHarris
(25,577 posts)totodeinhere
(13,686 posts)Tyranny of the left is just as dangerous as tyranny of the right.
PoliticAverse
(26,366 posts)of free speech.
Treefrog
(4,170 posts)People bragging about stealing political signs, flipping off other drivers because of their bumper stickers, even stealing someones grocery bag out of their cart because it had some slogan the poster didnt approve of.
MarineCombatEngineer
(17,391 posts)UnderThisLaw
(334 posts)that there are frequent reminders of how horrible we are here at DU, often by the same posters
ret5hd
(22,078 posts)Flipping off someone for bumper stickers is simply replying with speech in disagreement with someone elses speech.
LanternWaste
(37,748 posts)as telling someone without hiding behind implication requires a lot more conviction than the rationalizations it replaces.
ZonkerHarris
(25,577 posts)Assholes like this only do things if forced.
This is how you apply pressure to force a move.
When they realize the potential consequences at play they will remove the signs.
Then when the signs are removed if you want to be nice again you waive the fines.
MarineCombatEngineer
(17,391 posts)if anything, her lawyer will most likely file for an injunction against the town to halt any fines being levied.
This is a clear case of a 1A violation and the town would be smart to drop it and let her have her 15 minutes of fame.
totodeinhere
(13,686 posts)They would lose their house eventually if they do not comply and that would be wrong.
MarineCombatEngineer
(17,391 posts)this clearly violates the 1A, it's the borough that will be paying through the nose if they pursue this to it's inevitable conclusion.
totodeinhere
(13,686 posts)I do support her free speech rights. It's her property. She should have the right to put up any sign she wants as long as she does not threaten or encourage violence.
I wonder, would the posters at DU also object to a "F*** Trump" sign on someone's lawn? I doubt it.
Jedi Guy
(3,392 posts)For some folks, freedom of speech comes to a screeching halt when they dislike the speech in question.
There was a thread on a similar topic where someone pulled the Helen Lovejoy Maneuver: won't someone please think of the children?? I seem to recall anti-Trump protests that involved signs bearing profanity, in addition to profane chants. Clearly no one was thinking about the children then.
BGBD
(3,282 posts)But that also means there's nothing she can do about her neighbors hanging up some "FUCK ANDREA DICK" signs too.
I like the way you think!
MarineCombatEngineer
(17,391 posts)lpbk2713
(43,239 posts)Is her home where all the Dicks hang out?
Sympthsical
(10,805 posts)Bet the taxpayers won't be thrilled.
She's an asshole. But on your own property, you can be an asshole.
If she were in an HoA, it might be a different story.
sarisataka
(22,183 posts)I completely disagree with what you say, but fully support your right to say it without being fined.
oasis
(53,257 posts)MarineCombatEngineer
(17,391 posts)as in she will win the legal battle in court on the 1A issue, she does have a right to be an asshole, especially on her own property.
Progressive Jones
(6,011 posts)a douche bag across the board. Probanly a shitty
neighbor, in general.
She's certainly a shitty American.
In It to Win It
(12,174 posts)I enjoy "owning" anyone.
Initech
(107,093 posts)MarineCombatEngineer
(17,391 posts)If anything, she's going to get a nice payday from the taxpayers if the borough decides to pursue this to it's inevitable conclusion in the courts on 1A grounds.
Initech
(107,093 posts)And yeah it will suck when they ultimately sue and settle... but that's par for the course these days. It's like the Trump base gets jollies from being obnoxious assholes.
MarineCombatEngineer
(17,391 posts)she'll most likely get an injunction against the borough that will halt any fines being levied
The 1A guarantees that you can be an obnoxious asshole without Govt. retaliation against you.
Yavin4
(37,182 posts)Bet she will pull those flags down then.
smirkymonkey
(63,221 posts)blob:https://www.nbcnewyork.com/1a1d61b6-7f6f-4d33-8a0e-c7f353fc6c22
And a vulgar moron to boot, just like her bloated overlord.
I'm sure she feels like a fish out of water with no Trump rallies to go to, so she's bringing the spirit of the rally to her hood. Disgusting person.
TheRickles
(3,110 posts)smirkymonkey
(63,221 posts)mahatmakanejeeves
(67,848 posts)What is it about her looks that makes her not a 10, as Donald Trump might say?
P.S. I think you're a good poster. I like reading your posts, but if the best we can do is to go after someone's looks, we've lost.
There's a reason I don't use an photo of myself as my avatar. I'm not exactly a looker.
Thanks for writing, but please reconsider this line of argument.
smirkymonkey
(63,221 posts)Trumpers bring out the worst in me. I just meant that she looked like someone who would be at a Trump Rally. They all kind of look alike, or rather, they have a particular look about them.
I make fun of Trump's looks because he is so horribly judgemental toward everyone else and I guess in my twisted little mind, it takes away some of his power. Even though i know that it solves nothing.
You were right to call me out and I will try to do better. It is petty, but sometimes I can't help myself when it comes to the worst of them.
mahatmakanejeeves
(67,848 posts)Progressive Jones
(6,011 posts)Goodheart
(5,760 posts)I think it's high time that people, even children, become inured to words like "fuck" and "goddammit" and "cunt" that don't break their bones.
Response to Yo_Mama_Been_Loggin (Original post)
Ka-Dinh Oy This message was self-deleted by its author.
Ka-Dinh Oy
(11,686 posts)Even if it said it about trump. There are children out there and it just makes the community look bad.
MarineCombatEngineer
(17,391 posts)as it is her right to display those flags under our 1A.
I may not like what she has to say, but I will defend her right to say it.
bucolic_frolic
(53,586 posts)Not in public, not in a store, not in a library.
MarineCombatEngineer
(17,391 posts)and that is protected speech.
You can rent a billboard and put graphic images on it to your heart's content as long as it's not of a criminal nature, IE: child pornography, etc.
There are very narrow exceptions to the 1A, but for the most part, it's wide open.
mahatmakanejeeves
(67,848 posts)Ka-Dinh Oy
(11,686 posts)Yes, she has a right to display her beliefs but it should be done in a responsible manner.
MarineCombatEngineer
(17,391 posts)but the town attempting to levy a $500.00 a day fine is clearly a violation of her 1A right.
It's assholish, vile, and uncalled for, but it is her right.
Ka-Dinh Oy
(11,686 posts)It is the way she is putting out her free speech. Well, she is just making herself look ignorant. I think people with "fuck trump" look ignorant. Free speach can be said without profanity.
LanternWaste
(37,748 posts)Hey... whatever it takes to feel more clever, right?
And we may not like it if someone refers to it as sanctimony or self-righteousness... though we will defend the rights of anyone who says so to say it.
(because the banal is sometimes just that, regardless of the star-spangled awesome t-shirt slogans)
MarineCombatEngineer
(17,391 posts)when you have something to say that's relevant, then maybe I'll listen, but, until then,
Have a great day.
Goodheart
(5,760 posts)without objection or comment. Basically, they're just sounds that don't break anybody's bones or pick anybody's pockets.
I support her right to use them.
Ka-Dinh Oy
(11,686 posts)Yes, I support people's right for free speach despite that I think it looks or sounds bad.
Jerry2144
(3,141 posts)They can foreclose. However, it sounds like this is a government agency levying the fine, not a homeowners association. So first amendment applies and protects any such speech even if very Repugnant.
MarineCombatEngineer
(17,391 posts)PoliticAverse
(26,366 posts)bucolic_frolic
(53,586 posts)Classless, and clueless. It's not the free speech I find offensive, it's the four letter words and the hatred. I don't mean 'so and so is a traitor' or 'jail for them now', I mean calling Democrats scum, evil, the Devil, and worse. I also object to phone poles and public posts being used to carry the messages.
mahatmakanejeeves
(67,848 posts)Street spam, as it is called, is not protected against removal by the owner of the utility pole or his designated subsitute.
Historic NY
(39,530 posts)MarineCombatEngineer
(17,391 posts)Whiskeytide
(4,619 posts)Grokenstein
(6,222 posts)and watch her legal opinion do a 180-degree spin.
Traildogbob
(12,343 posts)Just put up many signs, lots of profanity about Trump fucking Ivanka. Dick likes her pissy grabbed. Or Trump loves Dick. So many good things to print. Just Poke the Dick. Fire with fire.
mahatmakanejeeves
(67,848 posts)Google https://www.google.com/search?q=rainbow+house+fred+phelps
Andrea Dick's neighbors are free to do this, though I'm guessing they probably would not. And if Andrea Dick didn't like it, she could go
Love thy neighbor: The notorious hate group "thanks God" for the Westboro Equality House
By KATIE MCDONOUGH
PUBLISHED MARCH 20, 2013 9:34PM (EDT)

According to Fred Phelps daughter and outspoken Westboro Baptist member Shirley Phelps-Roper, the notorious hate group is a big fan of its new rainbow-hued neighbors at the Westboro Equality House.
But what homeowner Aaron Jackson calls a "message of love," Phelps-Roper has (not surprisingly) called a "message of nonsense."
All the same, she told Fox News, she thinks it's great publicity. I love it," she said. "What [Jackson] does is he keeps the eyes of the whole earth on this message. Now every day all people are thinking about is God will not have same-sex marriage.
Sure. When people look at a rainbow colored pro-equality house across the street from an infamous hate group that pickets the funerals of murdered children, they're almost definitely going to think: "Man, gay marriage is the real problem here."
{snip}
Azathoth
(4,677 posts)The town has a big, big hill to climb.
cayugafalls
(5,947 posts)Just saying, let them show themselves to be what they are...
As others have pointed out, this will not end well for the city.
Protected speech is protected.
Jimvanhise
(552 posts)So I take it that she refused to accept the $1400 stimulus and the free Covid vaccine?
Silent3
(15,909 posts)I think "mere" vulgarity of language is probably completely protected in this case.
On the other hand, you probably couldn't get away with publicly flying flags with nude or pornographic images on them, even if that stuff is fully protected free expression in other contexts.
Catherine Vincent
(34,592 posts)Tree Lady
(12,956 posts)On dog walk, guy had lots of Trump signs and flag, now he has that fu Biden flag. Neighbor across street had Biden stuff out and sign about science love all etc until recently. I finally got to meet her she was outside, said she just ignored her neighbors.
In my conservative city there is no way his flag would be illegal. I am just glad no one in my court puts up stuff like that. I am still bugged by neighbor that leaves his trash cans on streets for months at a time.
Withywindle
(9,989 posts)I don't know any working class people who can throw away $500 a day on bullshit like this, do you?
mahatmakanejeeves
(67,848 posts)MarineCombatEngineer
(17,391 posts)more than likely, the town is going to be issuing a nice settlement check to her if they decide to take it all the way to court.
mahatmakanejeeves
(67,848 posts)George Mason? Never heard of him. Who's that?
Fri Dec 11, 2020: On this date, December 11, 1725, George Mason was born. He conceived the Bill of Rights.
RegularJam
(914 posts)This is fomented hate by a cult leader.
UnderThisLaw
(334 posts)A flag with a vulgar pun that includes her first name, her last name, and a transitive verb linking the two
mahatmakanejeeves
(67,848 posts)Definition
Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession.
{snip}
UnderThisLaw
(334 posts)Fuck Biden, Biden Sucks and Biden Blows arent libelous. How interesting.
mahatmakanejeeves
(67,848 posts)UnderThisLaw
(334 posts)news media interviews on her signs. She might well be considered a limited public figure on the subject of her political beliefs
Elessar Zappa
(16,385 posts)You can insult a person publicly all you want as long as youre not telling a proven lie. Saying Fuck John or Jane is a dumbass would be protected speech.
Jersey Devil
(10,714 posts)like the guy who poops on his Democratic neighbor's lawn - https://www.democraticunderground.com/100215494498
I wonder how this ranks in the Trumpian social status scale
Yo_Mama_Been_Loggin
(131,820 posts)Those who invaded Congress weren't housetrained either.
Stinky The Clown
(68,901 posts)Raine
(31,053 posts)when Kerry was running for Predident. Neighbor was allowed to keep it up but had to change the name of his business because of bad publicity, change his phone number, put up with slowed traffic (so did everyone on the block) and passersby yelling at him. Neighbor is also to this day remembered for miles around as being an asshole. I don't think it was worth it to him because he never has put up another political sign.
Response to Yo_Mama_Been_Loggin (Original post)
dweller This message was self-deleted by its author.
MarineCombatEngineer
(17,391 posts)A New Jersey homeowner displaying profanity-laced anti-President Joe Biden and pro-former President Donald Trump flags has been ticketed and given a court date by local authorities.
Im not taking them down, said the Roselle Park homeowners daughter, Andrea Dick, who argued that she has a First Amendment right to display the flags.
At issue are three of the six flags displayed outside the house, with one that reads, F*** Biden, and another that depicts Trump raising his middle fingers.
Now, Dicks mother has received a summons charging her with having signs hanging on a fence containing obscenity and cites an ordinance that prohibits displaying obscene, pornographic, or lewd messages. The maximum fine for a violation is $500 per violation daily until the display is removed.
IMO, she's going to win this hands down on 1A grounds.
BlueStater
(7,596 posts)Let everyone know what a stupid, crazy, unpleasant person she is. Fuck her.
MarineCombatEngineer
(17,391 posts)Yep, I'd rather have racists, bigots, etc. out in the open where I can see them than hidden.