Back in November, when the U.S. Supreme Court agreed to rule on the fate of Minnesota's voter-dress-code law, I wondered in a column whether I might run afoul of this peculiar statute by wearing one of our stylish Star Tribune T-shirts to my polling place.
Since I am employed by the Star Tribune as a tolerably hardworking "Opinion" journalist, oozing political attitudes from every pore "all day, every day," as the paper's mission statement puts it, it occurred to me that my employer just might be one of those "organizations" that possess "recognizable political views" — and whose insignia, state officials have decreed, are therefore unlawfully disruptive or intimidating when displayed by a would-be voter on Election Day.
I was trying to be facetious. But in the wake of the state's defense of its law during oral arguments before the Supreme Court at the end of February, I'm not at all sure I succeeded in exaggerating, or even equaling, the actual silliness of the state's rules.
To be sure, the state's lawyer, Daniel Rogan, under questioning by the justices, allowed as how he thinks a T-shirt bearing the text of the First Amendment would probably "be allowed" at a polling place under Minnesota law.
Expressing support for freedom of religion, speech and press would apparently not disrupt American democracy in the state's view (he thinks).
But when Justice Samuel Alito asked: "How about a shirt with the text of the Second Amendment?" Rogan sputtered: "Your Honor, I — I — I think that that could be viewed as political …" [and therefore not allowed].
The old-fashioned view of such matters was that state laws are supposed to conform to the U.S. Constitution, including, of course, the Bill of Rights. But now we learn that not all parts of the Bill of Rights pass muster equally under Minnesota law.
Any questions?