(a) This section shall be known and may be cited as the “Tennessee Freedom of Speech Act.”
Terms Used In Tennessee Code 2-7-143
Contract: A legal written agreement that becomes binding when signed.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Notwithstanding any law to the contrary, during the period beginning sixty (60) days before the first day voting begins pursuant to § 2-6-102(a)(1) for an election until the first day after voting ends for such election:
(1) This state, a local government, or any other political subdivision of this state:
(A) Shall not regulate the shape or quantity of political or campaign posters or signs placed on private property that is located more than one hundred feet (100′) from a polling place if the signs or posters are placed on the property by the owner of the property or any lawful resident of a residence on the property;(B) May prohibit, notwithstanding subdivision (b)(1)(A), any political or campaign poster or sign covered by this section from exceeding:
(i) For commercial property, thirty-two square feet (32 sq. ft.) in size; and(ii) For residential property, sixteen square feet (16 sq. ft.) in size; and(C) Notwithstanding subdivision (b)(1)(A), may adopt reasonable restrictions limiting the number of political campaign signs or posters that may be placed on property; provided, that such restrictions authorize an owner or resident to place at least one (1) poster or sign on the property per candidate, issue, or subject; and(2) A homeowners’ association shall not, by covenant, condition, restriction, or rule, prohibit the display of political or campaign posters or signs placed on private property by the owner of the property or any lawful resident of a residence on the property. A homeowners’ association may adopt reasonable covenants, conditions, restrictions, or rules with respect to the placement and removal of political or campaign posters or signs placed on homeowner association common space and private property maintained by the owner or resident, including limiting the size of campaign posters or signs in those common and private property areas to four square feet (4 sq. ft.).(c) A lessor of residential property may require a lessee to obtain the written permission of the lessor prior to placing any political or campaign posters or signs on such residential property. Any such requirement must be included in the lease or rental agreement.(d) This section applies to any clause, covenant, condition, restriction, or rule contained in any agreement or contract between a homeowners’ association and property owner or between a lessor and lessee executed or modified after July 1, 2017.
