5 ms·

Would this extend to companies putting flyers under your windshield wipers? (Years ago—also in Michigan—I turned on my wipers and ended up with a littering cit

Would this extend to companies putting flyers under your windshield wipers? (Years ago—also in Michigan—I turned on my wipers and ended up with a littering citation. Probably still legit, but please don’t put trash on my car.)

jrs235 7y ago
No it wouldn't. Constitutionality involves the government, not companies. Your [specific] issue with companies is a civil matter. Whether what they do is criminal is an issue between them and the government (you can certainly call the police and file a complaint about the company littering/trespassing on your property though, but good luck with them doing much of anything).
- Someone1234 7y ago
  Everything you said seems accurate. But I just want to point out a grey area: Where a private company is allowed to act a certain way via a government. I live in a snowy area. Which means regular plowing/snowblowing during the winter months. A local company started throwing "newspapers" (read: ads) onto everyone's driveway. These were rolled up paper in a plastic bag. They were distributed late in the evenings often getting buried by snow by the following morning, and then clog up or are thrown by snowblowers (and wind up in the streets causing littering, etc). In theory this is a civil issue between this private company and the property owner ("littering"). But in reality the local government green lit this, they made a specific exception for these ad companies to essentially liter on every resident's property, and because it is legal a lawsuit would likely be unsuccessful (at least until they cause property damage). So while constitutionality often only applies to government, we're slipping into a situation where private companies are allowed to do things by government and the constitution doesn't work either against the government (because the company did it) or the company (because the government allowed it).
  - deogeo 7y ago
    That exception could turn out to be unconstitutional if challenged.
floren 7y ago
IANAL but while I don't think the 4th Amendment would apply, you might be able to make an argument that they are trespassing? Personally, I'd like to nail the guys who put landscaping flyers in sandwich bags with some rocks and drop them on my driveway.
- bunderbunder 7y ago
  In my city, littering carries a $200 fine. Per offense.
- cr0sh 7y ago
  > Personally, I'd like to nail the guys who put landscaping flyers in sandwich bags with some rocks and drop them on my driveway. In the grand scheme of things, this kind of advertising for me is minimal at best. I'd by far much rather that the junk mail I get sent via postal mail would go away, though the practical effect of that would be that the postal system itself would die, I suppose. That said, had I started collecting the rocks from those baggies the day I bought the house, I'd probably have a pretty nice rock landscaping by now.
- fpgaminer 7y ago
  Seriously, I wish something could be done about flyers like those. Not just the bag+rock ones, but all of them. I've got real estate agents (the worst for this kind of spam), landscapers, house cleaning, etc all tossing flyers at my house every day. They ultimately just blow away and litter the place. It's such a small annoyance, but having to pick up the "trash" from these companies every day really grinds my gears.
rtkwe 7y ago
In what way would this apply? Firstly the Constitution only restricts the government not individuals so kind of out of bounds immediately.
imglorp 7y ago
Same with that yellow phone directory. It doesn't matter if you're in the "don't deliver" database - their contractor gets paid by the ton delivered and can't be arsed to check a list. Also, I wish I knew who the contractor was so I could accuse them of trespass and littering.
- Someone1234 7y ago
  Plus they require your phone number, name, and an email address to even opt out. Which means you're essentially giving marketers more personal info in order for them to stop littering. Not as bad as "optoutprescreen" though (credit card junkmail) that requires your SSN.

jrs235 7y ago

No it wouldn't. Constitutionality involves the government, not companies. Your [specific] issue with companies is a civil matter. Whether what they do is criminal is an issue between them and the government (you can certainly call the police and file a complaint about the company littering/trespassing on your property though, but good luck with them doing much of anything).

Someone1234 7y ago
Everything you said seems accurate. But I just want to point out a grey area: Where a private company is allowed to act a certain way via a government. I live in a snowy area. Which means regular plowing/snowblowing during the winter months. A local company started throwing "newspapers" (read: ads) onto everyone's driveway. These were rolled up paper in a plastic bag. They were distributed late in the evenings often getting buried by snow by the following morning, and then clog up or are thrown by snowblowers (and wind up in the streets causing littering, etc). In theory this is a civil issue between this private company and the property owner ("littering"). But in reality the local government green lit this, they made a specific exception for these ad companies to essentially liter on every resident's property, and because it is legal a lawsuit would likely be unsuccessful (at least until they cause property damage). So while constitutionality often only applies to government, we're slipping into a situation where private companies are allowed to do things by government and the constitution doesn't work either against the government (because the company did it) or the company (because the government allowed it).
- deogeo 7y ago
  That exception could turn out to be unconstitutional if challenged.

floren 7y ago

IANAL but while I don't think the 4th Amendment would apply, you might be able to make an argument that they are trespassing? Personally, I'd like to nail the guys who put landscaping flyers in sandwich bags with some rocks and drop them on my driveway.

bunderbunder 7y ago
In my city, littering carries a $200 fine. Per offense.
cr0sh 7y ago
> Personally, I'd like to nail the guys who put landscaping flyers in sandwich bags with some rocks and drop them on my driveway. In the grand scheme of things, this kind of advertising for me is minimal at best. I'd by far much rather that the junk mail I get sent via postal mail would go away, though the practical effect of that would be that the postal system itself would die, I suppose. That said, had I started collecting the rocks from those baggies the day I bought the house, I'd probably have a pretty nice rock landscaping by now.
fpgaminer 7y ago
Seriously, I wish something could be done about flyers like those. Not just the bag+rock ones, but all of them. I've got real estate agents (the worst for this kind of spam), landscapers, house cleaning, etc all tossing flyers at my house every day. They ultimately just blow away and litter the place. It's such a small annoyance, but having to pick up the "trash" from these companies every day really grinds my gears.

rtkwe 7y ago

In what way would this apply? Firstly the Constitution only restricts the government not individuals so kind of out of bounds immediately.

imglorp 7y ago

Same with that yellow phone directory. It doesn't matter if you're in the "don't deliver" database - their contractor gets paid by the ton delivered and can't be arsed to check a list. Also, I wish I knew who the contractor was so I could accuse them of trespass and littering.

Someone1234 7y ago
Plus they require your phone number, name, and an email address to even opt out. Which means you're essentially giving marketers more personal info in order for them to stop littering. Not as bad as "optoutprescreen" though (credit card junkmail) that requires your SSN.