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The Supreme Court took up a case about a man being asked to remove a shirt reading "Don't Tread on Me" at a polling place -- electioneering being forbidden in Minnesota. But "Don't Tread on Me" doesn't explicitly electioneer for any candidate; apparently in Minnesota, they guess at the political leaning your apparel is urging.

 

JUSTICE ALITO: How about a shirt with a rainbow flag? Would that be permitted?

MR. ROGAN: A shirt with a rainbow flag? No, it would -- yes, it would be -- it would be permitted unless there was -- unless there was an issue on the ballot that -- that related somehow to -- to gay rights.

JUSTICE ALITO: How about a shirt that says "Parkland Strong"?

MR. ROGAN: No, that would --that would be --that would be allowed. I think --- I think, Your Honor --

JUSTICE ALITO: Even though gun control would very likely be an issue?

MR. ROGAN: To the extent ---

JUSTICE ALITO: I bet some candidate would raise an issue about gun control.

MR. ROGAN: Your Honor, the -- the --­ the line that we’re drawing is one that is --­ is related to electoral choices in a ---

JUSTICE ALITO: Well, what’s the answer to this question? You're a polling official. You’re the reasonable person. Would that be allowed or would it not be allowed?

MR. ROGAN: The -- the Parkland?

JUSTICE ALITO: Yeah.

MR. ROGAN: I --I think --I think today that I --that would be --- if -- if that was in Minnesota, and it was "Parkland Strong," I --I would say that that would be allowed in, that there's not --­

JUSTICE ALITO: Okay. How about an NRA shirt?

MR. ROGAN: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that's a clear indication --and I think what you’re getting at, Your Honor--

JUSTICE ALITO: How about a shirt with the text of the Second Amendment?

MR. ROGAN: Your Honor, I -- I --I think that that could be viewed as political, that that --that would be --that would be ---

JUSTICE ALITO: How about the First Amendment?

(Laughter.)

MR. ROGAN: No, Your Honor, I don't---­ I don't think the First Amendment. And, Your Honor, I --

CHIEF JUSTICE ROBERTS: No — no what, that it would be covered or wouldn’t be allowed?

MR. ROGAN: It would be allowed.

CHIEF JUSTICE ROBERTS: It would be?

MR. ROGAN: It would be. And -- and I think the -- I understand the -- the idea, and I've --I've --there are obviously a lot of examples that --that have been bandied about here --

JUSTICE ALITO: Yeah, well, this is the problem. How about a Colin Kaepernick jersey?

MR. ROGAN: No, Your Honor, I don’t think that that would be under --under our statute. And I think--

JUSTICE ALITO: How about "All Lives Matter"?

MR. ROGAN: That could be, Your Honor, that could be — that could be perceived as political.

https://hotair.com/archives/2018/03/02/justice-alito-highlights-liberal-double-standard/

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