Debate: Is Ban on Political Banners at Memorial Day Parade Constitutional?

The Rockville City Council held off on making changes to the city’s campaign policy Monday because it was unclear whether parts of it breached the First Amendment.

The debate was sparked by language that says candidates could not display their own signs and banners if they’re participating in the parade.

But the sign and banner limitation doesn’t apply to other marchers, who can display whatever sign or banner they’d like—a distinction that Councilmembers Tom Moore and Mark Pierzchala said was unfair.

“If you're a Girl Scout Troop, a marching lawn mower band or the Ku Klux Klan—you can carry a banner and carry a sign,” Moore said. “But if you're a candidate for office in Rockville, Maryland, you can't. I'm uncomfortable with the different treatment of political speech versus every other kind of speech. Do we think this policy is defensible?”

This year’s Memorial Day parade is May 28, as part of the city’s Hometown Holidays festivities. Christine Henry, acting director of parks and recreation, said the intention was to preserve the parade’s Memorial Day tone.

“We were having situations where we were having enormous-sized numbers of people coming with a candidate, with 20 and 30 banners and large signs,” Henry said on Monday. “It was quite distracting from the purpose of the event.”

Moore and Pierzhchala are part of a slate of candidates planning to run for city election and march in this year’s parade.

Mayor Phyllis Marcuccio asked Moore whether he were trying to make the parade a “marketing thing.”

Moore said it had to do with free speech at a government-sponsored event.

“I am uncomfortable that we would specifically disadvantage political speech in that forum,” Moore said. “I can see why you might not want to distract from the message. That's a worthy goal, but I'm not sure it's a goal that tops the First Amendment.”

City attorney Debra Yerg Daniel said there couldn't be different rules for different participants.

City staff is expected to research whether there is a way for the city to consider the two points of view—preventing the Memorial Day themed parade from becoming a vehicle for campaign propaganda while upholding First Amendment rights of parade participants—before bringing the issue back before the Council next week. 

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Speak out: Do you think it is fair to place limits on the types of banners and signs candidates can display in the parade? Or do you think display of campaign propaganda distracts from the parade’s Memorial Day theme? Please post your comments below.

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Editor's note: This story has been updated since when it was last published to clarify how changes to the city's campaign policy would address campaign signs and banners in the Memorial Day Parade.