As a political candidate, am I guaranteed the right to canvass a private apartment building under the First Amendment?

[wordsnotswords]

Jurisdiction

New York

I am trying to find out what rights I have as a political candidate to undertake canvassing activities in private apartment buildings in New York City. I am planning to run for office in a district of New York in a few years that mostly covers urban apartment buildings that are often gated at the entrance to non-tenants. Am I guaranteed the right to access a private apartment building to conduct door-to-door canvassing activities under the First Amendment? Thank you for any information.

 

[adjusterjack]

Am I guaranteed the right to access a private apartment building to conduct door-to-door canvassing activities under the First Amendment?

No.

The First Amendment is not absolute. The owner of private property gets to decide who enters that property and under what circumstances.

Yes, there are exceptions, but they don't apply to politicians seeking entry.

You will need the consent of the building owners.

 

[Tax Counsel]

The First Amendment only prohibits government regulation of speech. Regulation of speech by private parties is not covered. As a result, building owners may ban all canvassing on their property if they choose, including canvassing by those running for public office.

Moreover, the First Amendment gives you a right to say what you want and to do so on public property (with a few exceptions). The First Amendment does not extend a right to enter onto the private property of others to say your piece. Put another way, it gives you the right to speak, but doesn't give you the right to enter onto the private property of others to do it.

 

[zddoodah]

The First Amendment only prohibits government regulation of speech.

In the context of this thread, that's the only relevant part of the First Amendment to the United States Constitution.* However, there's a lot more to the FA.

* - Note that many - perhaps most - states, in their state constitutions, have analogs to the First Amendment to the U.S. Constitution, which, in many cases, are more broad than the federal FA. In New York, it's section 8 of Article I.