Most states have laws that prohibit electioneering within polling places on election day, and the Supreme Court has upheld buffer zones that extend this prohibition to areas immediately surrounding polling places. But Minnesota law went beyond electioneering and prohibits wearing “a political badge, political button, or other political insignia . . . at or about the polling place[.]” This included Gadsden flag t-shirts, buttons demanding to be asked for voter identification, or apparel referencing an organization such as the AFL-CIO. In Minnesota Voters Alliance v. Mansky, the Court ruled 7-2 that the law is unconstitutional under the First Amendment.
Elizabeth Slattery, Legal Fellow and Appellate Advocacy Program Manager, Edwin Meese, The Heritage Foundation
Teleforum calls are open to all dues paying members of the Federalist Society. To become a member, sign up here. As a member, you should receive email announcements of upcoming Teleforum calls which contain the conference call phone number. If you are not receiving those email announcements, please contact us at 202-822-8138.