[ovrtaxt]

So what's the higher authority, the first amendment, or the bylaws?

[sauropod]

Courts have held in this country that it is the bylaws.

Severe damage to freedom has occurred and most folks don't even know it.

[nwrep]

So what's the higher authority, the first amendment, or the bylaws?

The first amendment is a right. It says nothing about consequences. Only the govt. is prevented from abridging that right, not private entities. If you work for a corporation, you have no freedom of speech at work, but you still have your first amendment right.

[Ronly Bonly Jones]

So what's the higher authority, the first amendment, or the bylaws?>>

Bylaws, because they're presumed to be "voluntary." You don't HAVE to submit yourself to a weekly buffalo-raping by the Home Owner Nazis. You can either move or not move there in the first place.

[Salgak]

Well, since the HOA is not a Government, the bylaws are the highest authority extant. . .

[TankerKC]

So what's the higher authority, the first amendment, or the bylaws?

This has been a discussion before. Here’s one way to look at it: If your agree not to put a sign in your yard (by agreeing to the bylaws) you gave up that particular part of the 1st Amendment.