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Fri Jan 26, 2018, 12:46 PM

The Supreme Court Will Functionally Decide If You Can Wear Your #MAGA Hat To Vote

https://abovethelaw.com/2018/01/the-supreme-court-will-functionally-decide-if-you-can-wear-your-maga-hat-to-vote/



When was the last time a T-shirt changed the way you voted? Probably never, but the state of Minnesota thinks you’re much more impressionable. It’s so concerned that voters might influence others with their clothing choices that it prohibited wearing items that could be construed as “political” — such as a “Please I.D. Me” button or a “Don’t Tread on Me” T-shirt — from polling places on Election Day. Offenders are subject to civil fines of up to $5,000 and the possibility of criminal charges.

That’s the very opening of the article and you can see that it is fatally flawed in the first sentence. The ban on T-shirts is not because they “change the way” people vote. Nobody is wearing a T-shirt to change somebody’s mind.


Paragraph 1 in excerpt is responded to in paragraph 2, kind of confusing I know, read the article.

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Arrow 9 replies Author Time Post
Reply The Supreme Court Will Functionally Decide If You Can Wear Your #MAGA Hat To Vote (Original post)
Eliot Rosewater Jan 2018 OP
Dave Starsky Jan 2018 #1
Initech Jan 2018 #4
ProfessorGAC Jan 2018 #2
Gothmog Jan 2018 #3
MineralMan Jan 2018 #5
PoliticAverse Jan 2018 #6
Retrograde Jan 2018 #7
Eliot Rosewater Jan 2018 #8
crazycatlady Jan 2018 #9

Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 12:58 PM

1. If they allow MAGA hats at the polls...

Then wait till they get a load of the Halloween costumes my wife and I will be wearing to vote.

In thinking of myself wearing a Trump mask with a baby bonnet, diaper, and pacifier, and my wife with a big blond wig and stuffed bra as Stormy Daniels.

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Response to Dave Starsky (Reply #1)

Fri Jan 26, 2018, 01:04 PM

4. Don't forget the comically oversized red tie!

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 01:01 PM

2. I'm Kind of On Board With This

Electioneering is prohibited and any sloganeering would fit the same description to me. If someone can't vote without a clear demonstration of their politics, it seems like blatant electioneering.

Courts may disagree, just my opinion. I know i wouldn't think to do it.

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 01:04 PM

3. As an election judge, I have made someone with such a tea shirt go out and turn it inside out

In 2008, the Houston Obama voter protection team circulated a wonderful legal memo on the use of toilet plungers as electioneering. A candidate bought a couple of hundred toilet plungers, put ribbons on them with McCain's name and tried to leave these plungers in the polling places. At the time, Joe the Plumber was big. We got the election officials to agree to ban these plungers as electioneering.

Being an election law/voter protection attorney can be amusing.

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 01:16 PM

5. Almost everyone owns clothing that doesn't bear slogans.

Clearly, people who wear clothing with political slogans to the polling place have it in mind to expose their message to other voters. So, such clothing is electioneering, and is prohibited.

On election day, go and vote. Wear clothing that does not carry a political message. You vote the way you wish. Leave others alone to do the same.

Minnesota is correct.

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 01:57 PM

6. "Nobody is wearing a T-shirt to change somebodys mind." - Of course people do.

The article author's flawed assertion notwithstanding, the Supreme Court decided a major "electioneering" case in 1992 ( Burson v. Freeman http://mtsu.edu/first-amendment/article/128/burson-v-freeman ) upholding Tennessee's 100 foot restriction.

And no, "Minnesota Voters Alliance v. Manksy" isn't about MAGA hats (which are clearly campaign-related and won't be suddenly allowed by the Supreme Court) but about more subtle speech (as the article notes the specific items in question were the: "Don’t Tread On Me” shirt and — “Please I.D. Me” button).

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 02:02 PM

7. Simple - let everyone vote by mail

Then they can wear whatever they want - or even nothing at all. Plus, it leaves a paper record.

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Response to Retrograde (Reply #7)

Fri Jan 26, 2018, 02:06 PM

8. Well, that sounds good. Step one, vote for ANY Democrat especially those most likely to win

in their district.

NO MATTER WHAT

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Response to Eliot Rosewater (Original post)

Fri Jan 26, 2018, 02:07 PM

9. If I voted in person

I'd be so tempted to wear my pussyhat to the polls

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