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mahatmakanejeeves

(57,511 posts)
Thu Jun 14, 2018, 11:25 AM Jun 2018

#SCOTUS holds that Minnesota law banning political apparel at polling places violates the First Amen

Source: SCOTUSblog Twitter account

#SCOTUS holds that Minnesota law banning political apparel at polling places violates the First Amendment.




Here's a link to #SCOTUS opinion in Minnesota Voters Alliance v. Mansky: https://www.supremecourt.gov/opinions/17pdf/16-1435_2co3.pdf




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#SCOTUS holds that Minnesota law banning political apparel at polling places violates the First Amen (Original Post) mahatmakanejeeves Jun 2018 OP
Hell yeah! underpants Jun 2018 #1
So is a sandwich board political apparel? C_U_L8R Jun 2018 #2
"I can't define apparel, but I know it when I see it." NT mahatmakanejeeves Jun 2018 #3
Just in time for the dt clan locals Crutchez_CuiBono Jun 2018 #4
Yet campaigning within X number of feet from a polling place is illegal? How is apparel with shraby Jun 2018 #5
That means we can do it, too. The Velveteen Ocelot Jun 2018 #6
damn straight. Javaman Jun 2018 #11
Weird. I thought that was nationwide. truthisfreedom Jun 2018 #7
Laws governing elections are state by state. former9thward Jun 2018 #16
Is a holster apparel? truthisfreedom Jun 2018 #8
Only if it is concealed - pazzyanne Jun 2018 #10
I just read the opinion. The court said the problem was that The Velveteen Ocelot Jun 2018 #9
How would this ruling pertain to candidate tee shirts? LeftInTX Jun 2018 #12
Depends on what the law in Texas says. The Velveteen Ocelot Jun 2018 #13
Got it! LeftInTX Jun 2018 #14
Reuters article on the case... PoliticAverse Jun 2018 #15

shraby

(21,946 posts)
5. Yet campaigning within X number of feet from a polling place is illegal? How is apparel with
Thu Jun 14, 2018, 11:35 AM
Jun 2018

biased words supporting a candidate not campaigning within X number of feet of a polling place?

former9thward

(32,028 posts)
16. Laws governing elections are state by state.
Thu Jun 14, 2018, 05:22 PM
Jun 2018

It may be that most, if not all of the 50 states, have similar laws. If so they will be invalidated by the ruling.

The Velveteen Ocelot

(115,744 posts)
9. I just read the opinion. The court said the problem was that
Thu Jun 14, 2018, 11:51 AM
Jun 2018

the statute was vague and overly broad in its definition of what constituted "political" expression, prohibiting anything that could be perceived as having political implications for a particular election, and the decision about whether something was political was left to the discretion of the election judges. For example, you couldn't wear a t-shirt with a rainbow flag if there was an issue in the election pertaining to gay rights (and the election judge was bothered by it), but you could if there wasn't. I agree with the decision.

The case was reversed and remanded.

LeftInTX

(25,385 posts)
12. How would this ruling pertain to candidate tee shirts?
Thu Jun 14, 2018, 12:53 PM
Jun 2018

I volunteer for campaigns and have to put on sweater if I want to vote.

Fairly benign, but putting on a sweater in South Texas in May after poll greeting in the heat ain't fun.

The Velveteen Ocelot

(115,744 posts)
13. Depends on what the law in Texas says.
Thu Jun 14, 2018, 01:02 PM
Jun 2018

This opinion dealt only with the vagueness and overbreadth of the Minnesota statute. If the state statute is specific enough and articulates a reasonable reason for prohibiting candidate shirts and buttons, it's probably OK. https://www.supremecourt.gov/opinions/17pdf/16-1435_2co3.pdf

LeftInTX

(25,385 posts)
14. Got it!
Thu Jun 14, 2018, 01:14 PM
Jun 2018

Texas' is:

(a)?Except as provided by Subsection (b), a person may not wear a badge, insignia, emblem, or other similar communicative device relating to a candidate, measure, or political party appearing on the ballot, or to the conduct of the election, in the polling place or within 100 feet of any outside door through which a voter may enter the building in which the polling place is located.


We spotted a guy wearing a Planned Parenthood tee shirt to the polls...I don't believe there was any issue with his shirt inside the polls.

(As an aside, we asked him, "If you are voting in the Democratic primary...?" He responded, "I'm a Republican" LOL )

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