Free Speech

A closer look at the Supreme Court opinion in Minnesota Voter Alliance v. Mansky reveals that the case may not be as bad as it seems for the thirty some states which prohibit campaign-related accessories or apparel at polling place.

In a 7-2 decision the Supreme Court struck down a Minnesota law which prohibits voters from wearing a political badge, political button, or anything bearing political insignia inside a polling place on Election Day. According to the Court banning all political speech is too broad. The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Minnesota.

In a 7-2 decision in Masterpiece Cakeshop, Ltd. v. Colorado Civil Rights Commission the Supreme Court reversed a ruling against the owner of a cake shop who refused to create a wedding cake for a same-sex couple because of his religious beliefs. The Court concluded the cake maker was entitled to but did not experience a “neutral decisionmaker who [gave] full and fair consideration to his religious objection.” The State and Local Legal Center (SLLC) filed an amicus brief in this case supporting Colorado.

Charlie Craig and Dave Mullins filed a complaint against Masterpiece Cakeshop claiming it violated Colorado's public accommodations law, which prohibits discrimination in public accommodations on the basis of sexual orientation, when it refused to create a wedding cake for them. The cake shop owner Jack Phillips explained:  “to create a wedding cake for an event that celebrates something that directly goes against the teachings of the Bible, would have been a personal endorsement and participation in the ceremony and relationship that they were entering into.”

In its Supreme Court amicus brief in Minnesota Voters Alliance v. Mansky the State and Local Legal Center (SLLC) argues that states and local governments should be able to ban political apparel at polling places. County election officials and the Minnesota Secretary of State were sued for violating the First Amendment in this case.

At least eight states (Delaware, Kansas, Montana, New York, South Carolina, Tennessee, Texas, and Vermont) other than Minnesota have enacted similar bans.

The State and Local Legal Center (SLLC) Supreme Court amicus brief in Lozman v. City of Riviera Beach argues if probable cause exists to make an arrest the arrestee should be barred from bringing a First Amendment retaliatory arrest lawsuit.

Fane Lozman lived in a floating house in the...

California law requires that licensed pregnancy-related clinics disseminate a notice stating that publically-funded family planning services, including contraception and abortion are available. It also requires unlicensed pregnancy-related clinics to disseminate a notice they are unlicensed. The National Institute of Family and Life Advocates (NIFLA) operates 111 pregnancy centers in California. None offer abortions or abortion referrals; only 73 are licensed.

In NIFLA v. Becerra NIFLA claims that both requirements violate the First Amendment Free Speech Clause. The Ninth Circuit disagreed.

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