Do apartment buildings abuse First Amendment?

Numerous condo and co-op buildings restrict the amount, place or even the contents of notices and other paper that residents want their neighbors to see.

The arguments in favor of the restriction range from preserving dignity and removing clutter to avoiding political disputes.

For years, community association leaders and lawyers were in agreement that since condos are not governments, the First Amendment did not protect condo owners from speaking freely, lawyer and columnist Benny Kass observes in the Washington Post.  But a recent court ruling suggests the possibility that courts in some states may rule on the side of building residents, rather than their boards.

He reports that an opinion handed down by Continue reading

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