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| Justice Alito |
Justice Alito exposes liberal hypocrisy in First Amendment case
According to attorney Daniel Rogan, whether or not something is “political expression” actually depends on whether one is expressing a liberal or conservative viewpoint. And apparently, a liberal message is simply “expression,” while a conservative one is “political expression.”
Background
Mansky arose from an incident in 2010, in which Andrew Cilek went to vote in a shirt with a “Don’t Tread on Me” flag and a button saying, “Please I.D. Me.” The state in which Cilek was voting was Minnesota, which has a law that prohibits the wearing of a “political badge, political button, or other political insignia at or about the polling place.”
Believing Cilek to be in violation of this law, those working at the poll asked him to remove the apparel. Cilek subsequently filed a lawsuit alleging infringement of his First Amendment Right to political expression.
This case, after undergoing some transformations, eventually made its way up to the Supreme Court, where the issue became whether Minnesota’s law violates the First Amendment, and is therefore unconstitutional. On Wednesday, J. David Breemer, representing the petitioners, i.e. Minnesota Voters Alliance, and Daniel Rogan on behalf of the respondents, i.e. Joe Mansky, et al, argued before the justices of the Supreme Court.
“Arbitrary” standard?
One of attorney Breemer’s criticisms of the Minnesota law was that the standard used to determine what is and is not acceptable is arbitrary, in that it depends on the interpretation of the law by those working the polls – which is particularly worrisome considering that local political parties determine who works at the polls.
The alluded to standard is whether a “reasonable person” would find the apparel to be a “political expression.” Seeking to determine the arbitrariness of this standard, the justices of the Supreme Court asked the two opposing attorneys a series of hypotheticals in order to see how they would apply the law. And one particular exchange, between Justice Alito and Attorney Rogan, has really stood out.
Justice Alito began by agreeing with Breemer’s criticism, by saying, “So many things have political connotations, and the connotations are in the eye of the beholder.” With this consideration in mind, the justice asked Rogan how such a standard could be equally applied by the poll workers?
Rogan replied that the expression had to be “understood as relating to electoral choices and it has to be well-known.” “That makes it worse,” responded Alito, since now the worker not only has to recognize the apparel to be “political speech” but “well known political speech.”
Attempting to save his position, Rogan responded the standard is about what a reasonable person would consider “clearly political” and “something that’s going to be reasonably understood by voters in the polling place.”
The “Reasonable Person”?
Justice Alito was not convinced by these arguments, and so he decided to have Rogan assume the position of the “reasonable person.” And take a look at what proceeded:
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”?
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?
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?
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?
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?
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?
ROGAN: It would be allowed.
Now let’s break this down. According to Rogan, liberal symbols, such as the rainbow flag, representing gay rights, or “Parkland Strong,” representing gun control, are not “political expression,” and therefore would be allowed. Whereas conservative messages, such as an NRA shirt, standing for gun rights, or “All Lives Matter,” signaling opposition of the Black Lives Matter movement, are “political expression,” and as such would be outlawed.
What we have here is an example of at least two things:
First is the attempt to use the Supreme Court to get around the Constitutionally prescribed method by which to codify the people’s opinion — namely, legislation.
In other words, Mansky is simply the latest conspicuous example of liberal hypocrisy.
Source:>>>>>>>>>>>>Here
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