Bloomberg Law
Feb. 21, 2018, 10:24 PM UTC

What Not to Wear: SCOTUS to Consider Election Day Attire

Melissa Heelan Stanzione
Analysis Channel Analyst

→ Challenge to Minnesota’s political apparel ban says law is too broad, violates free speech

→ Ruling could resolve circuit split, clarify political speech definition

[Image (src=https://db0ip7zd23b50.cloudfront.net/dims4/default/f80f7ee/2147483647/legacy_thumbnail/160x120/quality/90/?url=https%3A%2F%2Fbspot-prod.bna.com%2Forca%2Fapi%2Frendition%2Fpng%2Fic95844.png%3Fdigest%3D64606e91dcf25f3975b4105ee8be60b4e0cadd3a6507aa6dfc50f46cbebe49d7)]Challengers of a Minnesota law banning political apparel at polling places are asking the U.S. Supreme Court to decide whether voting should take place in “speech free zones.”

Speech shouldn’t be completely banned at polling places, First Amendment scholars told Bloomberg Law, but they disagree about the extent to which speech could veer into voter intimidation.

Under Minnesota’s law, voters can’t wear political badges, buttons, or insignia at polling places on primary or election ...

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