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Thu Jun 14, 2018, 11:25 AM

#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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Reply #SCOTUS holds that Minnesota law banning political apparel at polling places violates the First Amen (Original post)
mahatmakanejeeves Thursday OP
underpants Thursday #1
C_U_L8R Thursday #2
mahatmakanejeeves Thursday #3
Crutchez_CuiBono Thursday #4
shraby Thursday #5
The Velveteen Ocelot Thursday #6
Javaman Thursday #11
truthisfreedom Thursday #7
former9thward Thursday #16
truthisfreedom Thursday #8
pazzyanne Thursday #10
The Velveteen Ocelot Thursday #9
LeftInTX Thursday #12
The Velveteen Ocelot Thursday #13
LeftInTX Thursday #14
PoliticAverse Thursday #15

Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:28 AM

1. Hell yeah!

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:29 AM

2. So is a sandwich board political apparel?

How about a megaphone?

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Response to C_U_L8R (Reply #2)

Thu Jun 14, 2018, 11:33 AM

3. "I can't define apparel, but I know it when I see it." NT

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:34 AM

4. Just in time for the dt clan locals

to wear threatening stuff and congregate around polling places.

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:35 AM

5. Yet campaigning within X number of feet from a polling place is illegal? How is apparel with

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

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:36 AM

6. That means we can do it, too.

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Response to The Velveteen Ocelot (Reply #6)

Thu Jun 14, 2018, 12:35 PM

11. damn straight.

repukes aren't very bright, they forget this ruling works both ways.

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:36 AM

7. Weird. I thought that was nationwide.

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Response to truthisfreedom (Reply #7)

Thu Jun 14, 2018, 05:22 PM

16. Laws governing elections are state by state.

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

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:37 AM

8. Is a holster apparel?

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Response to truthisfreedom (Reply #8)

Thu Jun 14, 2018, 11:53 AM

10. Only if it is concealed -

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Response to mahatmakanejeeves (Original post)

Thu Jun 14, 2018, 11:51 AM

9. I just read the opinion. The court said the problem was that

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.

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Response to The Velveteen Ocelot (Reply #9)

Thu Jun 14, 2018, 12:53 PM

12. How would this ruling pertain to candidate tee shirts?

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.

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Response to LeftInTX (Reply #12)

Thu Jun 14, 2018, 01:02 PM

13. Depends on what the law in Texas says.

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

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Response to The Velveteen Ocelot (Reply #13)

Thu Jun 14, 2018, 01:14 PM

14. Got it!

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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