Posted by 22 June 2018
When you go to vote this year, you are now free to wear a t-shirt proclaiming your support for your favorite candidate or political cause. The Supreme Court recently ruled that states cannot prohibit a person from wearing attire with a political message when they vote. Observers see this as a major victory for free speech.
In 2010, a man wearing a t-shirt that said “Don’t Tread on Me” and had the logo of a national Tea Part group tried to vote in Minnesota. Election officials said that his clothing violated a state law banning political attire in polling places. In Minnesota Voters Alliance v. Mansky, the high court ruled that this law was a violation of the First Amendment.
The court’s vote was 7-2, with Chief Justice Roberts writing the majority opinion. He noted that the state may indeed ban some kinds of electioneering inside a polling place, but that the Minnesota ban on political apparel was overly broad. Justices Anthony Kennedy, Clarence Thomas, Ruth Bader Ginsburg, Samuel Alito, and Elena Kagan joined him in his finding.
Justices Sonia Sotomayor and Stephen Breyer dissented from this ruling. Justice Sotomayor wrote that the Supreme Court should not have made a sweeping First Amendment ruling on this case; instead, the court should have sent it to the Minnesota Supreme Court to make a more narrow judgment.
Many states have bans on political apparel or signs in polling places. Chief Justice Roberts noted that some of those laws have more specific bans than Minnesota did, so they may be permissible. However, this ruling does lay the groundwork for anyone to challenge these laws under the First Amendment. Thanks to this ruling, there is an expectation that states should favor free expression, not restrictions on political attire.
Do you think that people should be able to wear clothes and buttons with political messages when they vote?