Political apparel rule tossed out

High court calls Minnesota law on pins at polls too broad

WASHINGTON — The Supreme Court on Thursday struck down Minnesota’s broad restrictions on voters wearing “political” hats, T-shirts and pins to the polls, but it said states can place limits on such apparel.

Minnesota contended the restrictions were reasonable, kept order at polling places and prevented voter intimidation. But the justices, in a 7-2 ruling, said the state’s limits on political clothing violate the free speech clause of the First Amendment.

Chief Justice John Roberts wrote that “if a State wishes to set its polling places apart as areas free of partisan discord, it must employ a more discernible approach than the one Minnesota has offered here.”

Most states restrict what people can wear when they vote, but Minnesota’s restraints were some of the broadest. State law bars voters from casting a ballot while wearing clothing related to a campaign, such as a T-shirt with the name of a candidate. It also said voters couldn’t wear a “political badge, political button, or other political insignia” to vote. That was the part of state law that was challenged and invalidated by the court.

Roberts said the problem came down to the word “political,” which state law didn’t define.

“Would a ‘Support Our Troops’ shirt be banned, if one of the candidates or parties had expressed a view on military funding or aid for veterans? What about a ‘#Metoo’ shirt, referencing the movement to increase awareness of sexual harassment and assault?” Roberts wrote.

Justices Sonia Sotomayor and Stephen Breyer would have sent the case to the Minnesota Supreme Court for clarification of the law’s boundaries.

It is unclear how many states the ruling could affect. Minnesota and the group challenging the state’s law had said there are about 10 states with laws similar to Minnesota’s, though they disagreed on which ones.

The case began over T-shirts and buttons with the words “Please I.D. Me,” a reference to legislation that would have required residents to show photo identification to vote.

Minnesota officials said before the election that neither the T-shirts nor the buttons would be permitted at the polls.