AG Opinion No. 2018-16: Placement of Political Signs during Election Period; Constitutionality

K.S.A. 2018 Supp. 25-271 does not abridge the freedom of speech and, therefore, is not subject to scrutiny under the First Amendment of the United States Constitution.
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to the extent the content-based analysis in [Reed v. Town of Gilbert, Ariz.] may apply, it would operate to invalidate an unconstitutional local ordinance or enforcement regime, not the state statute.

Rather than restricting speech, K.S.A. 2018 Supp. 25-2711 seeks to protect political speech. It does not require that local jurisdictions treat other types of speech differently based on their content or otherwise. “[P]olitical speech in the course of elections [is] the speech upon which democracy depends.”14 Because K.S.A. 2018 Supp. 25-2711 does not abridge the freedom of speech, it is not subject to scrutiny under the First Amendment. The statute does not violate the First Amendment of the United States Constitution.