“According to Pierson, the woman refused to remove her button, saying it was a violation of her first amendment rights, and called the sheriff’s office.”
The woman is technically speaking wrong.
You cannot legally engage in political advocacy in the polling place, and for that reason, you cannot wear political buttons or badges.
Since it didnt advocate a person its a grey area, but you cant advocate for a party either, and in Texas the Libertarians have used that flag and so have tea party folks.
A polite voter would just take the advice remove the badge and then go vote.
Your 1st amendment rights are limited by election laws.
Not so sure a Gasden flag would count as it is not a candidate nor a party. It is an historic symbol of our founding era. Seems closer to the idea of banning a person with a US Flag t-shirt.
I am sure we can dig up plenty of Obama paraphernalia in polling places in 2008 if we look around?
The libertarian party is a political party. The tea party is NOT a political party any more than the civil rights movement was a political party.
That particular flag has been used by patriots since before Texas was a state or the USA was a country. I do not see how it can be construed to advocate anything besides freedom. I guess that being for freedom is not allowed?
In Ohio, you can’t ware anything suggesting your political persuasion in a polling place. I can see this in a way, if you do it might be suggested that you are tiring to alter a voter’s choice.
I have a Gadsden on my car’s bumber and I live in
bla-bla-blue MA. I’m surprised my car hasn’t been trashed yet.
No reasonable law would ban wearing items with those images or messages at a voting place.
The Gadsden flag is not a political party symbol. It was an ensign first used by the US Navy:
Col. Gadsden presented to the Congress an elegant standard, such as is to be used by the commander in chief of the American navy; being a yellow field, with a lively representation of a rattle-snake in the middle, in the attitude of going to strike, and these words underneath, "Don't Tread on Me!"
Candidates have used the American Flag also as well as the Color Red so I guess we have to ban them also.
Also Most candidates wear clothes, so I guess we will have to vote naked.
When exactly did common sense disappear in America?