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Supreme Court questions state law banning political apparel at ballot box
The Washington Times ^ | February 28, 2018 | Alex Swoyer

Posted on 02/28/2018 10:59:30 AM PST by jazusamo

The Supreme Court took a dim view Wednesday of Minnesota’s law banning voters from wearing political apparel to vote on Election Day, with liberal justices questioning where to draw the line and conservatives wondering who got to decide what is political in the first place.

Minnesota said it has a legitimate state interest in ensuring decorum inside polling places and integrity during the election process.

But Andrew Cilek, a Minnesota voter, contends the law is overly broad and almost prevented him from voting in the 2010 election because he wore a “Tea Party Patriots” T-shirt and a button asking poll workers to ID him.

“This court has never upheld a prohibition this broad,” said J. David Breemer, the attorney for Mr. Cilek. “A lot of this material isn’t worn for advocacy, but for self-expression.”

Several justices questioned Mr. Breemer about where to draw a line, so that Minnesota’s law protects decorum and integrity at the ballot box while still giving individuals the right to express themselves under the First Amendment.

(Excerpt) Read more at washingtontimes.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections; US: Minnesota
KEYWORDS: ballotbox; constitution; minnesota; politicalapparel; scotus; voterrights
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So they can let them vote but can write their name down and fine them up to $300.
1 posted on 02/28/2018 10:59:30 AM PST by jazusamo
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To: jazusamo

Will Antifa , Black Panther, KKK, or other logos will be allowed?


2 posted on 02/28/2018 11:00:58 AM PST by ptsal ( Get your facts first, then you can distort them as you please. - M. Twain)
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To: ptsal

Why not? That is what the 1st Amendment protects. You would like it limited to just Politically Correct speech?


3 posted on 02/28/2018 11:09:17 AM PST by Buffalo Head (Illegitimi non carborundum)
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To: jazusamo

Pretty cut-and-dried First Amendment violation if you ask me.


4 posted on 02/28/2018 11:10:53 AM PST by Buckeye McFrog
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To: jazusamo

Where to draw a line? What line? Why does a line need to be drawn?
This is free speech. If I see someone wearing dumblecrat attire, I am moved to pity, not outrage or anger...


5 posted on 02/28/2018 11:11:23 AM PST by Adder (Mr. Franklin: We are trying to get the Republic back!)
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To: Buffalo Head

P.S. So-called Hate Speech is blatantly unconstitutional.


6 posted on 02/28/2018 11:12:07 AM PST by Buffalo Head (Illegitimi non carborundum)
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To: Buckeye McFrog

Bump!


7 posted on 02/28/2018 11:12:31 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: ptsal

Not to mention, if some homie shows up at a polling place in da ‘hood, or “good” neighborhood for that matter with his “pants on the ground” would anyone dare take issue with that?


8 posted on 02/28/2018 11:14:10 AM PST by Impala64ssa (Islamophobic? NO! IslamABHORic)
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To: Adder

Agreed, and sure isn’t going to alter my vote.


9 posted on 02/28/2018 11:14:15 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo

Because someone wearing a T Shirt with their preferred Candidate’s name on it will make somebody else change their mind on who they planned to Vote for.

The Government is obviously looked upon as a Shepherd by the Sheeple.


10 posted on 02/28/2018 11:16:23 AM PST by Kickass Conservative ( An Armed Society is a Polite Society. An Unarmed Society is North Korea.)
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MAGA!

Support Free Republic, Folks!

Please bump the Freepathon or click above to donate or become a monthly donor!

11 posted on 02/28/2018 11:18:59 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: jazusamo
From the linked article:

“How about a shirt with the text of the Second Amendment?” he asked Mr. Rogan.

“I think that that could be viewed as political,” Mr. Rogan responded.

“How about the First Amendment?” Justice Alito again asked, which was greeted with laughter inside the courtroom.

“It would be allowed,” Mr. Rogan said.

If this exchange doesn't result in a decision to end the practice of censoring citizens at polling places, then the Republic is dead.

12 posted on 02/28/2018 11:20:24 AM PST by William Tell
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To: Buckeye McFrog

It could also be viewed as a reasonable restriction for a specific place (the polling location), at a specific time (during voting), with a specific purpose (to prevent electioneering). Many, if not most, states have similar laws regarding political expression at polling places during voting hours.


13 posted on 02/28/2018 11:22:00 AM PST by Bob (Damn, the democrats haven't been this upset since Republicans freed their slaves.)
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To: jazusamo

What a waste of time.


14 posted on 02/28/2018 11:22:39 AM PST by bmwcyle (People who do not study history are destine to believe really ignorant statements.)
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To: William Tell

Amen, Justice Alito was dead bang on the mark.


15 posted on 02/28/2018 11:23:16 AM PST by jazusamo (Have YOU Donated to Keep Free Republic Up and Running?)
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To: Adder

Like I am supposed to see a Maxine Waters T-shirt and vote Demorat?? Come ON!!


16 posted on 02/28/2018 11:25:38 AM PST by raiderboy ( "...if we have to close down our government, weÂ’re building that wall" DJT)
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To: ptsal

Do you mean the billy club ‘logos’ they carry around?


17 posted on 02/28/2018 11:25:54 AM PST by taterjay
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To: Bob
"It could also be viewed as a reasonable restriction ..."

I think you omitted the expectation that the restrictions must be "content neutral".

The conversation I quoted above is all the proof that one would need to see that the practice of censoring voters is not content neutral.

18 posted on 02/28/2018 11:29:41 AM PST by William Tell
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To: jazusamo

I mean, come on, folks!!

Can you imagine someone thinking “Oh! I see a I.M. Dumbjohn” T-Shirt on that guy over there! That changes my mind — I.M. gets my vote!”


19 posted on 02/28/2018 11:40:50 AM PST by freedumb2003 (obozo took 8 years to try to destroy us. Trump took 1 to rebuild us. MAGA!!)
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To: William Tell

Agreed — the laws that I’m familiar with relate only to candidate or proposition advocacy. Nothing contained in the constitution would run afoul of those restrictions.


20 posted on 02/28/2018 11:44:43 AM PST by Bob (Damn, the democrats haven't been this upset since Republicans freed their slaves.)
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