The Virginia State Board of Elections has adopted a ban on political-oriented clothing in polling places:
If you plan to vote on November 4, be careful what you wear to the polls.
The State Board of Elections today adopted a ban on clothing, hats, buttons or other paraphernalia that directly advocates the election or defeat of a specific candidate or issue.
The ban is effective inside polling places or a long-held perimeter of 40 feet from polling place entrances.
The American Civil Liberties Union argued that the ban violates the First Amendment’s right to free speech.
The board, however, said it has to weigh that against the right to vote free of undue influence or the tension that candidate advocacy might create.
So, apparently, the SBOE believes that the First Amendment contains a “weighing” provison that allows them to ban political speech when they see fit.
Let’s see if we can find it there:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Nope, not there.
Maybe they were relying on the Virginia Constitution:
[T]he freedoms of speech and of the press are among the great bulwarks of liberty, and can never be restrained except by despotic governments; that any citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of that right; that the General Assembly shall not pass any law abridging the freedom of speech or of the press, nor the right of the people peaceably to assemble, and to petition the government for the redress of grievances.
Nope, not there either.
Anyone who can tell me why this isn’t a blatant violation of my freedom of speech should take a shot. Be warned, it won’t be easy to convince me.
October 15th, 2008 at 12:59 pm
And yet, the scores of obviously pro-Obama voter registration representatives/booths is fine? (http://farm2.static.flickr.com/1015/1338810348_8d7ccc50e0.jpg?v=0)
October 15th, 2008 at 1:00 pm
This is an outrage–a milimeter away from requiring literacy tests.
October 30th, 2008 at 10:13 am
[...] Earlier this month, the Virginia State Board of Elections issued a decision banning any “political oriented”… [...]