4
for money,
15
and local rules governing door-to-door petitioning may not unreasonably
interfere with your right to reach out to people in their homes.
16
Door-to-door canvassers should stay clear of houses marked with “No Soliciting” signs.
17
Also, some private “gated communities” may not allow petitioners.
Q. May I petition on private property?
A. It depends. You have a constitutional right to petition on private property if you have
permission from the owner. However, if the owner does not want you on her property
and you refuse to leave, you run the risk of being charged with trespassing.
18
Apartment
buildings are private property and therefore landlords have the ability, if they so choose,
to set rules regarding petitioning on the premises.
Q. When I petition, may I speak to people or must I wait for them to come to me?
A. You have a constitutional right to approach strangers to talk about matters of public
importance and ask them to sign your petition. The possibility that some people might
disagree with you – or even might find your campaign offensive – would not justify a
government ban on petitioners engaging pedestrians in conversation.
19
Although you are
free to argue with someone about political matters, if someone tells you that she is not
15
Id. at 165-66.
16
See, e.g., ACORN v. City of Dearborn, 696 F. Supp. 268 (E.D. Mich. 1988) (holding that Dearborn’s ban on door-
to-door canvassing between 7 p.m. and 9 p.m. is likely unconstitutional); City of Watseka v. Illinois Public Action
Council, 795 F.2d 1545 (7
th
Cir. 1986), aff’d 479 U.S. 1048 (1987) (ban on canvassing before 9 p.m.
unconstitutional).
17
While it is unclear whether petitioning without a request for money constitutes “solicitation,” there is a risk that a
homeowner might call the police on you for trespassing if you knock on those doors.
18
Trespassing is a misdemeanor under state law punishable by a fine of not more than $250 or not more than 30
days in jail. M.C.L. § 750.552. Most cities have similar ordinances. The state trespass law provides:
(1) A person shall not do any of the following:
(a) Enter the lands or premises of another without lawful authority after having been
forbidden so to do by the owner or occupant or the agent of the owner or occupant.
(b) Remain without lawful authority on the land or premises of another after being notified to
depart by the owner or occupant or the agent of the owner or occupant.
(c) Enter or remain without lawful authority on fenced or posted farm property of another
person without the consent of the owner or his or her lessee or agent. A request to leave
the premises is not a necessary element for a violation of this subdivision. This
subdivision does not apply to a person who is in the process of attempting, by the most
direct route, to contact the owner or his or her lessee or agent to request consent.
M.C.L. § 750.552.
19
“If there is a bedrock principle underlying the First Amendment, it is that the government may not prohibit the
expression of an idea simply because society finds the idea itself to be offensive or disagreeable.” Texas v. Johnson,
491 U.S. 397, 414 (1989).