Issue: Whether a state statute prohibiting political
speech including the banning of passive political
statements written on clothing (i.e.,
“Liberty,” “Don’t Tread on Me,” “Freedom,”
depiction of U.S. Flag) is facially unconstitutional
under the First Amendment, regardless
of whether a polling place is considered
a nonpublic forum, because no conceivable
governmental interest could justify such an
absolute prohibition on the clothing people
can wear to vote.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.