Justices strike down Minnesota voter clothing restrictions

The Supreme Court on Thursday struck down Minnesota’s broad restrictions on voters wearing “political” hats, T- shirts and pins to the polls, but 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. He said the state’s interpretation of what counted as political was unreasonable, covering any item that made reference to a group with recognizable political views or referring to any subject on which a political candidate or party has taken a stance.

“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.