Court Rules Against Tea Party Garb, Buttons at the Polls

Plaintiffs’ as-applied challenge rests on the prohibition of wearing Tea Party paraphernalia and the “Please I.D. Me” buttons at or about the polling place. Plaintiffs argue that the prohibition is not viewpoint neutral because their organizations are being singled out by state authorities. Such a finding would require evidence that they are being targeted in ways that others are not. The record is, however, devoid of such evidence beyond mere speculation on this point. Moreover, prohibiting the buttons and apparel is reasonably related to the state’s legitimate interests. The record suggests that the buttons are designed to affect the actual voting process at the polls by intimating that voters are required to show identification before voting.

This intimation could confuse voters and election officials and cause voters to refrain from voting because of increased delays or the misapprehension that identification is required. The buttons are also associated with a political movement to require voters to produce identification. The Tea Party apparel communicates support for the Tea Party movement which is associated with certain candidates and political views. As such, prohibiting the buttons and apparel is reasonably related to the legitimate state interest of “maintain peace, order, and decorum” at the polls. Plaintiffs have therefore failed to show that prohibiting the display of the buttons or apparel is likely to be found a First Amendment violation.