In May of 2016, Partner Eric D. Sherman, a member of Pryor Cashman’s Litigation and Real Estate Groups, along with counsel from the ACLU of New Jersey, successfully represented a West Long Branch, New Jersey resident who had been ticketed under a city ordinance for displaying flags on his lawn which read, “Trump – Make America Great Again!”

The matter garnered significant media attention.

The Hornick Case

The ordinance at issue prohibited the display of political signs more than 30 days ahead of the New Jersey primary election; violation of which carried fines of up to $2,000 or 90 days in jail.

After reviewing the ordinance that their client, Joseph Hornick, was charged with violating, Sherman and the ACLU were prepared to argue that the ordinance amounted to an unconstitutional restriction on Hornick’s First Amendment right to free speech. Ultimately, the court dismissed the matter “in the interest of justice,” finding that because the flags were not in fact political signs, the “somewhat vague” borough ordinance did not apply to them.

Additionally – as a result of the challenge mounted by Hornick and his attorneys – the West Long Branch Borough Council repealed the ordinance.

Sherman and the ACLU represented Hornick pro bono in this matter.

The First Amendment and Private Property 

In a recent article, Posting Political Signs in the Window is Your Right – Isn’t It?, The New York Times examined the scope of First Amendment protection afforded to individuals on private property, citing the action against Hornick as a case study.

Speaking to the Times, Sherman explained that the New Jersey ordinance “is probably more common than you think” and that “people aren’t aware that it’s unconstitutional.” 

The article goes on to say that while towns can lawfully place some restrictions on the kinds of political signs homeowners can display on their properties, they cannot outright ban them. Still, in spite of this, potentially unconstitutional rules concerning political signs remain on the books, unless challenged, as Hornick and his attorneys did.

More About Sherman’s Practice 

Eric D. Sherman maintains a nationally-recognized real estate litigation practice, where he represents clients in both commercial and residential matters. 

For the last three years, he has been named to the Super Lawyers “Top 100” list for his exceptional work in this area. He is a frequent contributor to The New York Times and numerous other publications on topics related to real estate and litigation. 

To learn more about his practice, please visit here.