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Yesterday in Michigan U.S. District Judge Patrick Duggan upheld a ban by Republican Secretary of State Terri Lynn Land of the wearing of t-shirts, buttons, hats and other political bling to the polls when going to vote.
Quash Freedom of Expression much?
More...
The ban was the subject of a lawsuit against Secretary of State Terri Lynn Land and state elections director Chris Thomas filed by Council 25 of the American Federation of State, County and Municipal Employees.
Land argued that this is an existing law designed "to prevent intimidation and preserve the sanctuary of the voting place".
Further, her spokeswoman Kelly Chesney said Tuesday, "We want voters to be able to cast their ballots without being bombarded with messages and without feeling pressured or intimidated."
Excuse me? Intimidation???
If I wear my Obama cap or an Obama button when I'm voting, I'm intimidating other voters? Are you kidding me?
I understand the ban on political signs and the distribution of campaign literature within 100 feet of the polls. That's certainly necessary to prevent a ridiculous preponderance of interfering campaigners when people go to vote. That makes perfect sense to me.
But why should people be prevented from wearing a t-shirt or a button? This is very clearly a freedom of expression issue and, in my opinion, Judge Duggan made a serious error in his judgement. I'm not a big fan of the USA Today but their editorial on this issue is spot-on:
So what's the well-dressed voter supposed to wear at the polls Nov. 4? In many states, not campaign buttons, pins, T-shirts, hats or anything else that sports the name of your favorite candidate.
California, Michigan and Virginia, to name a few, consider wearing such apparel "electioneering" which just about every state prohibits in or near the polls. Such bans have been in place for years to keep the polls campaign-free zones where voters won't feel intimidated by partisans. Up to a point, that makes sense. The laws were enacted, mostly in the 19th century, to stop blatant abuses that were common at the time.
But that was a long time ago, and in today's context the apparel ban is absurdly excessive. In essence, it says Americans who refuse to surrender their right to free speech could also be deprived of their right to vote. Score two strikes against democracy. Buttons, T-shirts and hats are a discreet way to express political opinions. No reasonable person would confuse them with pressure or intimidation ... No voters should be turned away from the polls because of what they're wearing. Each election day marks a renewal of our nation's democracy. What better way to celebrate than to let everybody wear their political hearts on their sleeves? Or anywhere else they want.
Will this make a discernible difference in the election? No, of course not. Is it an infringement on a citizens' Constitutionally-protected right to freedom of expression?
Absolutely.
I'm just sayin'...