A judge has ordered a New Jersey woman to remove four of the six pro-Trump banners hanging from her fence for displaying profanity, including one in which the former president held out two middle fingers over the words ‘f*** Biden’ .
While the 2020 election between Trump and Joe Biden was decided in November and certified in Janaury, Roselle Park resident Andrea Dick refused to believe the results and put up the banners.
Municipal Court Judge Gary Bundy ordered Dick — and her mother, Patricia Dilascio, who owns the property — to either take down the flags or face a $250 daily fine.
Andrea Dick, above, says her posters are intended to support President Donald Trump during the 2020 election
One of the posters shows President Donald Trump raising two middle fingers over the words ‘f*** Biden’
Officials in Roselle Park, New Jersey, said residents should not put up posters with offensive language or gestures. They added that the posters were displayed near an elementary school
While Dick’s attorney, Michael Campagna, said Dick was protected under the First Amendment, Bundy said “freedom of speech is not just an absolute right.” NJ.com reported.
“State law and statutes make it clear that we can’t just put up the First Amendment umbrella and say that anything and everything is protected speech.” the judge added.
In his ruling, Bundy confirmed that the signs violated local ordinances banning public obscenity.
Signs that read “Don’t blame me, I voted for Trump” and “Socialism sucks, Biden Blows” could be left standing.
Roselle Park officials had sent Dick a letter on June 2 ordering the banners to be removed or fined $500 a day.
Roselle Park Mayor Joseph Signorello, a Democrat, told: NBC that the biggest concern is where Dick’s house is.
“It’s spitting distance from an elementary school, so that makes it particularly problematic,” Signorello said. ‘You can put up political signage whenever you want, but if it’s a political signage couple with sexual innuendo, abusive gestures, that’s where we draw the line.’
Dick said the messages were her way of showing support for Trump.
“I have until next Thursday to decide. Then they’re going to fine us $250 a day. It could go up to $500, but they start at $250. If I don’t take them down, it’s at the discretion of the judge to stop it. And my mother could face 90 days in prison,” Dick . told me New Jersey 101.5.
It is not the first case, according to News week.
In early July, Dwayne Cole — the mayor of Munford, Tennessee — said any city dweller who would fly a blasphemous flag laced against Biden would continue to display it. The flag read: “F**k Biden and f**k you for voting for him.” Cole said the flag was protected by free speech laws, but a similar sign would violate municipal laws and should be removed.
In March, a resident of Jackson, Michigan, began flying a similar profane flag. While some courts resent adults exposing children to profanity, the non-sexual context of the f-word on the flag may deter judges from interpreting the message as obscene, Ken Katkin, a law professor at Northern Kentucky University, told me. The Washington Examiner.
In Erie, Pennsylvania, a man named Jim Greenawalt waved the same flag from his own porch and was allowed to hold it high for free speech. That reports YourErie.com. Neither Greenawalt nor Munford’s husband have any plans to remove their flags.
A lawyer told the aforementioned website that the Greenawalt flag is legal as long as it does not obstruct municipal functions or incite violence through hate speech.