can't vote if wearing partisan clothing

[Steven Jamar]

Well, that's the question, isn't it.  Burson v. Freeman seems to be about
actual persuasive politicking, not merely wearing a t-shirt or button or
some such.  Would this be a solicitation (I think clearly not) display
(maybe?) or distribution of campaign materials (again, certainly not) in the
same way as in Burson?

Is the compelling interest identified there, avoiding undue influence at the
polling place, served in a narrowly tailored way by banning voters (not
campaigners) from simply walking in and voting wearing a pin or hat  or
such?

I have my doubts.  And I really fear this being used to exclude some people
and not others or being used for intimidation to stop people from voting at
all.

But that to one side, does Burson really control here?

On Wed, Oct 15, 2008 at 8:14 PM, Marty Lederman <lederman.marty at gmail.com>wrote:

> Is this substantially different from *Burson v. Freeman*?
>
> On Wed, Oct 15, 2008 at 8:01 PM, Steven Jamar <stevenjamar at gmail.com>wrote:
>
>> 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<http://www.washingtonpost.com/ac2/related/topic/Virginia+State+Board+of+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<http://www.washingtonpost.com/ac2/related/topic/American+Civil+Liberties+Union?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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>
>


-- 
Prof. Steven Jamar
Howard University School of Law
Associate Director, Institute of Intellectual Property and Social Justice
(IIPSJ) Inc.
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