Take the election poll watchers to court. A generic slogan supporting the 2A is not "campaigning" for a ballot measure. The 2A is not on any ballot in Texas.
This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment
Sue the poll workers for violating his 1A. They are the state on election day and infringed upon his1A,No, the 2A is not up for a vote, but more support for it is.
The law is overreaching, but seemed to apply here.
Sue the poll workers for violating his 1A. They are the state on election day and infringed upon his1A,
Sue the poll workers for violating his 1A. But, it was just a teeny tiny infringement, no big deal, in the big scheme of things that is......chip chip chip.The area inside the polling place is not a "public forum" where unlimited free speech is allowed.
Whether a court would find there was a 1A violation would likely depend on how precisely the Texas statute was drafted, and how clear it was under the law that wearing the T shirt was not permitted. If the law was vague, or there was evidence of viewpoint discrimination, things might not go so well for the Lone Star state.
According to the article, the polling place was in the county courthouse.The Donkey said:The area inside the polling place is not a "public forum" where unlimited free speech is allowed.
Since the shirt was not "campaigning for any candidate, measure or political party”, but simply expressing his opinion, no law can prevent him from wearing it even in a public place such as a courthouse or polling booth.Whether a court would find there was a 1A violation would likely depend on how precisely the Texas statute was drafted, and how clear it was under the law that wearing the T shirt was not permitted.
Well, having a pack of smokes in your pocket could be seen as campaigning against no smoking ballot measures. Drinking a Big Gulp could be seen as campaigning against a ballot measure that would limit sugary drinks to 16oz or less.Note; OC for ME, may I point out this from the article in question,,,
"This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried
So, this could be viewed as a *Gray* area with this issue in promoting a "Cause" at the Public Polls...?...
Ya' think ???
According to the article, the polling place was in the county courthouse.
Can't get much more public.
Since the shirt was not "campaigning for any candidate, measure or political party”, but simply expressing his opinion, no law can prevent him from wearing it even in a public place such as a courthouse or polling booth.
Nope, not saying that at all. Texas has a law that forbids "campaigning for any “candidate, measure or political party” which includes "signs" about topics which are to be voted on, & evidently there is a 2A question on the Ballot.
That's what I'm talking about, nothing more that an individuals "Rights" within the Laws of course, not saying that some Laws aren't able to be changed ever.
I see in the article that He didn't give up his right to vote, he just kept a positive attitude, borrowed a coat & went ahead & voted.
from article; "Texas election law bars campaigning for any “candidate, measure or political party” within 100 feet of polling place. His T-shirt could be construed as campaigning in support of gun rights under the law. Violators can be charged with a misdemeanor.
This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried. "
Note; OC for ME, may I point out this from the article in question,,,
"This year’s primary ballot happens to include a proposition asking for a yes or no vote on expanded support for the Second Amendment and the places where a concealed weapon can be legally carried
So, this could be viewed as a *Gray* area with this issue in promoting a "Cause" at the Public Polls...?...
Ya' think ???
Back in the "good old days" in the South we knew how to do it right.[ramblings]There should be no line. No line on what sort of message a man may have on his shirt, nor a line to vote at all. The issue "what should be allowed at the voting booths?" "where should that line be?" is so hard to answer because it's all built atop an illegitimate function. It's hard to make up "good" rules for an illegitimate system - even when you apply good values and principles they just don't ever seem to fit quite right. You must go deeper to see why. Take a step back and look at the big picture.[/ramblings]