can't vote if wearing partisan clothing

marty.lederman at marty.lederman at
Wed Oct 15 17:15:20 PDT 2008

Is this substantially different from Burson v. Freeman?

 -------------- Original message ----------------------
From: "Steven Jamar" <stevenjamar at>
> Is this constitutional?  Seems to be some free speech problem to me.  Or can
> the long-standing ban on candidates not politicking within some perimeter be
> extended to all voters?
> Steve
>  *Poll Garb Must Be Nonpartisan, Board Says*
> If you plan to vote Nov. 4, be careful what you wear to the polls.
> Virginia's State Board of
> Elections<
> f+Elections?tid=informline>yesterday
> adopted a ban on clothing, hats, buttons or other paraphernalia
> that directly advocates the election or defeat of a specific candidate or
> proposal.
> The ban is effective inside polling places and a long-held perimeter of 40
> feet from polling place entrances.
> The American Civil Liberties
> Union<
> nion?tid=informline>said
> the ban violates the First Amendment right to free speech. The board
> said it has to weigh that concern against the right to vote free of undue
> influence or the tension that candidate advocacy might create.
> -- 
> Prof. Steven Jamar
> Howard University School of Law
> Associate Director, Institute of Intellectual Property and Social Justice
> (IIPSJ) Inc.

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