Posted on 03/07/2018 3:36:15 PM PST by rlmorel
(Disclaimer: Please excuse and correct any errors in terminology-I don't know legal processes well)
There was a case argued on 2/28/2018 in front of the Supreme Court (Minnesota Voters Alliance vs. Joe Mansky) regarding the expression of political speech in polling areas. In the exchange below, Mr. Mansky is defending the Minnesota state statute prohibiting the wearing of political apparel at polling locations. Justice Alito is drilling down on just what "apparel" would be allowed or disallowed at a polling place:
JUSTICE ALITO: How about a shirt with a rainbow flag? Would that be permitted?
MR. ROGAN: A shirt with a rainbow flag? No, it would -- yes, it would be -- it would be permitted unless there was -- unless there was an issue on the ballot that -- that related somehow to -- to gay rights.
JUSTICE ALITO: How about a shirt that says "Parkland Strong"?
MR. ROGAN: No, that would -- that would be -- that would be allowed. I think - I think, Your Honor -
JUSTICE ALITO: Even though gun control would very likely be an issue?
MR. ROGAN: To the extent -
JUSTICE ALITO: I bet some candidate would raise an issue about gun control.
MR. ROGAN: Your Honor, the -- the - the line that we're drawing is one that is - is related to electoral choices in a -
JUSTICE ALITO: Well, what's the answer to this question? You're a polling official. You're the reasonable person. Would that be allowed or would it not be allowed?
MR. ROGAN: The -- the Parkland?
JUSTICE ALITO: Yeah.
MR. ROGAN: I -- I think -- I think today that I -- that would be -- if -- if that was in Minnesota, and it was "Parkland Strong," I -- I would say that that would be allowed in, that there's not -
JUSTICE ALITO: Okay. How about an NRA shirt?
MR. ROGAN: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that's a clear indication -- and I think what you're getting at, Your Honor -
JUSTICE ALITO: How about a shirt with the text of the Second Amendment?
MR. ROGAN: Your Honor, I -- I -- I think that that could be viewed as political, that that -- that would be -- that would be -
JUSTICE ALITO: How about the First Amendment? (Laughter.)
MR. ROGAN: No, Your Honor, I don't - I don't think the First Amendment. And, Your Honor, I -
CHIEF JUSTICE ROBERTS: No -- no what, that it would be covered or wouldn't be
MR. ROGAN: It would be allowed.
CHIEF JUSTICE ROBERTS: It would be?
MR. ROGAN: It would be. And -- and I think the -- I understand the -- the idea, and I've -- I've -- there are obviously a lot of examples that -- that have been bandied about here -
JUSTICE ALITO: Yeah, well, this is the problem. How about a Colin Kaepernick Jersey?
MR. ROGAN: No, Your Honor, I don't think that that would be under -- under our statute. And I think -
JUSTICE ALITO: How about "All Lives Matter"?
MR ROGAN: That could be, your honor, that could be - that could be political. And I -- I think obviously, Your Honor, there -- there are some hard calls and there are always going to be hard calls. And that -- that doesn't mean that the line that we've drawn is -- is unconstitutional or even unreasonable.
JUSTICE ALITO: How about an "I Miss Bill" shirt? (Laughter.)
MR. ROGAN: I'm sorry, Your Honor? I didn't -
JUSTICE ALITO: "I Miss Bill," or to make it bipartisan, a "Reagan/Bush '84" shirt?
MR. ROGAN: Yes, Your Honor, I believe that that's political.
>>You know how the SC works, right?
You mean in Obamacare? The so-called gay marriage case? Arizona? Not to mention Roe, Plyler, and many other idiotic decisions the court had no legal bases for making.
I realize there is a slightly different makeup now, but yeah, I’m a little too familiar with how it works.
I know I showed up to vote wearing a “Clinton and Gore...Gone in Four.” hat and they made me take it off.
Hahahahahaha! That is like a badge of honor there!
I had one told me to take off my NRA hat, but I refused and still voted.
Or a sign of superior intellect, like Obama...
Bump for tomorrow.
MINNESOTA VOTERS ALLIANCE v. State of Minnesota and Joe Mansky: The First Amendment Wins, Again!
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.