This water town is property of the town of Hanson, Massachusetts. The light show is courtesy of a neighbor.
Hanson officials have issued a cease-and-desist letter, and $100-a-day fines, to the resident (read story here). This absolutely is about free speech.
From the town’s point of view, it doesn’t matter whether it’s a Trump or Harris sign, because the town government is supposed to maintain political neutrality.
They say it violates town ordinances (see them here;) specifically, Art. 2, §1(K), on p. 6, which says,
“No sign permit or department notification is required for Political Signs. Political signs are allowed in all zoning districts on private property with the property owner’s authorization; there is no placement of political signage on municipal property. Political signs are not limited in size however, public safety is key and structures will require a building permit. Political signs must not block reasonable sight lines of other signs. Public safety is paramount; the Building Commissioner may take any necessary action, including sign removal.”
These regulations seem reasonable, and my guess is a court would uphold them. The First Amendment allows you to express your opinions. This includes putting political signs on your own property, as long as they’re not unsafe, and don’t interfere with other people’s signs. You can’t put your political signs in public buildings because that’s not your property, and you’re not authorized to speak for the town or county about political candidates.
What if instead of projecting his message on the town water tower, your neighbor projected it onto the side of your house? Does that violate your property and free speech rights? Could you take him to court to make him shut it down?
I don’t think there’s any doubt it’s a trespass and you have legal recourse. It’s no different from a neighbor erecting a political sign on your property. Nor is the legal analysis or result different when the trespass is on town property instead of private property.