If, come one fine Election Day, as a proud Star Tribune employee, I was to don one of our stylish Star Tribune T-shirts (available at shop.startribune.com/category/apparel/) — and if I then was to stride so attired into my polling place — could I be breaking the law?
Sounds unlikely ... and yet. The U.S. Supreme Court last week agreed to hear a Minnesota free speech case — Minnesota Voters Alliance vs Mansky — challenging a state statute that, if enforced strictly and even-handedly, might make such an implausible state of affairs conceivable.
Given the current high court's record as a zealous defender of free expression — too zealous for some tastes at times — this Minnesota law might just add to our state's storied tradition of losing notable, even landmark, First Amendment cases at the Supreme Court.
The law in question, long on the books and not unlike election regulations in other states, is aimed at keeping electioneering, intimidation and manipulation away from polling places on Election Day. It bans anyone from importuning voters at or near the polls to campaign for or against specific candidates, political parties or referendums on the day's ballot, even if only by displaying signs, posters, buttons, etc.
But the law goes further, even prohibiting the display of more general "political" material and attire, such as "[a] political badge, political button, or other political insignia." Minnesota election officials have declared that this includes "[m]aterial promoting a group with recognizable political views (such as the Tea Party, MoveOn.org, and so on)."
The Voters Alliance, a group with recognizable views of its own — namely tireless skepticism and litigiousness regarding the integrity of Minnesota's voting system and the need the alliance sees for stricter controls such as photo identification — is behind the seven-year courtroom battle over the polling place dress code's constitutionality. The struggle started when alliance executive director Andy Cilek wore a Tea Party T-shirt and "Please I.D. Me" button to the polls back in 2010 and was "temporarily prevented from voting," according to his petition to the court.
Such delays, while election judges ask voters voluntarily to cover up or remove an offending political button or insignia, seem to be the only consequences Minnesotans are apt to suffer for violating this law — making this a largely symbolic controversy, a matter of principle.
But it is one of the glories of America that matters of principle where basic rights are concerned are taken rather seriously. At least four justices on the highest court in the land see something needing further consideration in the alliance's argument, rejected by lower courts, that Minnesota, by creating a "speech-free zone" at polling places, has imposed an "overbroad" restriction on political expression that invites discriminatory enforcement.