Halloween and the Constitution: A spooky look at your rights
Today is Halloween—a night of costumes, candy, and, if you’re lucky, a few harmless scares. But I couldn’t help wondering: How does the Constitution intersect with the celebration of Halloween?
Turns out, more than you might think.
Masks, messages, and the First Amendment
The most obvious connection between Halloween and the Constitution comes from the First Amendment, specifically the right to free speech. Speech, of course, isn’t just about words; it’s also about expression. That includes symbolic speech, such as choosing to wear a costume or even a mask.
When you dress up as a witch, a princess, or Frankenstein’s monster, you’re communicating something—about your sense of humor, your imagination, or even your worldview. You’re sending a message about who you are and what you find worth celebrating (or mocking). And that’s protected speech.
Some states still have anti-mask laws, originally enacted to target the Ku Klux Klan. But courts are clear: If such a law were ever used to punish someone for wearing a Halloween costume, it would almost certainly fail. As for whether that could actually happen—well, anyone who’s met their neighborhood HOA enforcer or a particularly overzealous “Karen” might not want to rule it out.
Skeletons, signs, and seasonal speech
The Constitution also comes into play regarding Halloween decorations. I’ll admit, I’m not much more ambitious than putting a carved jack-o’-lantern on my porch, but my neighbors? They go all out.
Not everyone loves that enthusiasm. Earlier this year, Germantown, Tennessee, prosecuted a woman named Alexis Luttrell for violating a local ordinance that required residents to take down holiday decorations within 20 days after the holiday ended. Luttrell’s Halloween skeletons stayed up—but she repurposed them for other occasions. After Halloween, she gave them political signs to celebrate the election season. Then they dressed up for Christmas, Valentine’s Day, St. Patrick’s Day—you get the idea.
When the City came after her, Luttrell fought back—claiming the ordinance violated her First Amendment rights. With the help of FIRE (the Foundation for Individual Rights and Expression)—an organization that, like Pacific Legal Foundation, defends Americans’ constitutional freedoms—she sued. The result? The City dropped the charges.
That’s one First Amendment treat we can all celebrate this Halloween.
Art, expression, and a starry victory in Mount Dora
PLF has seen this same principle play out in our own work defending homeowners’ right to express themselves through art.
Take Nancy Nemhauser and Lubomir Jastrzebski, a couple living in Mount Dora, Florida—an artsy community known for its annual art festival. To brighten their home for their adult autistic son, they commissioned a local artist to paint a mural inspired by Vincent van Gogh’s The Starry Night on the wall outside their house.
City officials initially said no permit was needed. But a month later, they cited the couple for “graffiti” and for erecting an illegal “sign.” When Nancy removed the sign, the City doubled down, declaring the mural itself illegal because the wall didn’t match the color of the house. So Nancy and Lubomir responded with a creative twist—they extended the mural onto the house itself.
The city responded by escalating enforcement again, stretching its vague sign ordinance to label both murals as “illegal signs.” That’s when PLF stepped in.
We argued that the First Amendment doesn’t allow government officials to censor artistic expression based on personal taste or unclear rules. And in 2018, the City backed down—settling the lawsuit, issuing a public apology, and allowing the mural to remain. Nancy was even appointed to help rewrite the City’s sign ordinance.
It was a beautiful victory for free expression—and a reminder that beauty really is in the eye of the homeowner.
A sweet ending
So as you head out trick-or-treating, remember that whether you’re donning a mask, decorating your yard, or painting your house in Starry Night hues, the Constitution has your back.
And speaking of treats—please send all peanut butter cups my way.
