
Is it Illegal to Hang a Sign Over a Highway Overpass in Massachusetts and New Hampshire?
We have all seen highway overpass signs. Some are to recognize a local military member who has died while serving. Some are to push a political party. Some are just an American Flag.
Recently I saw a sign on an overpass, with a lot of words, that was essentially telling people they are enough, they are strong, and other words of encouragement.
As I was finding myself distracted while reading that last one I mentioned, a classic question popped into my mind, "Is that legal?"
You may be surprised to learn, or not surprised at all, it is very confusing.
Signage in a public area falls under the First Amendment - our right to free speech. But does that mean you can hang king-sized sheets anywhere?
Not really.
And because it is a question of free speech vs potential safety concerns elsewhere, like the sheet falling onto highway traffic, it becomes less black and white and more grey.
Not in Massachusetts anyway.
According to a Roads and Bridges article, Massachusetts outlawed the hanging of signs from highway overpasses as it could lead to a dangerous incident on the highway below.
When this was put into place in 2007, members of the Mass Highway Department were sent all over the state taking down flags and other signs on overpasses, the article stated.
New Hampshire does not explicitly say that it is illegal; however, there is precedence that would indicate it will always be taken down.
In a 2023 lawsuit, members who hung "racist" signage from a highway overpass in Portsmouth, NH, were asked to take down the sign because they did not have a permit to hang it in the first place...
To be clear, holding signs on a highway overpass is 100% legal. Free speech baby. But hanging it/attaching it to a highway overpass "permanently" could be unlawful - even if it is an American Flag, a lovely message, or something everyone can agree upon.
It has nothing to do with the message, but the act of hanging the sign in the first place.
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