# Is this Constitutional? **URL:** \ **Category:** Factual Questions\ **Created:** [November 8, 2000, 12:17am UTC](https://boards.straightdope.com/t/is-this-constitutional/40204 "2000-11-08T00:17:25Z")\ **Posts on this page:** 7\ **Page:** 2
**Author:** ![Kent\_Clark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/kent_clark/32/105_2.png) [@Kent\_Clark](https://boards.straightdope.com/u/Kent_Clark)\ **Post date:** [November 8, 2000, 7:37pm UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/21 "2000-11-08T19:37:32Z")
> [@](#): > > _Originally posted by retsin2000 \* > [B_At Oakwood Manor Elementary School in Gladstone, voters could pick up their ballot, read the sample ballot and then decide how to vote from a stack of brochures advising them. > > * * * Meanwhile, on the other side of the state. . . At some polling places in the St. Louis area, election judges were telling voters to take off their campaign buttons when they walked in. They seemed to be pretty non-partisan about it, and while there were grumblings, we were far too busy complaining about the latest screwups by the Election Board to pay much attention to it. ---
**Author:** ![Jodi](https://avatars.discourse-cdn.com/v4/letter/j/7feea3/32.png) [@Jodi](https://boards.straightdope.com/u/Jodi)\ **Post date:** [November 8, 2000, 7:47pm UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/22 "2000-11-08T19:47:46Z")
> [@](#): > > Noone doubts Jodi’s expertise on Constituional law. **I** do. While a significant portion of my practice – oh, say 25% – deals with issues of Constitutional law, I do not hold myself out to be an “expert” in the field. > [@](#): > > In fact, from her posts she does a very thorough research on all the issues in the threads. Actually, sometimes she does, and sometimes she does a cursory search for the prevailing thinking or relevant cases and leaves it at that. > [@](#): > > She cited one SC case on electioneering near a voting area. Since she did not cite any others, we can all rest assured that that’s been the only one. _That_ would be a singularly foolish assumption. I can’t imagine a question that posting the answer to would also require me to post _every single case_ ever published on the issue. The case I cited is not the only one (duh), but rather the one setting out the current thinking on this particular subject at the Federal level. > [@](#): > > The question of whether merely wearing a badge impedes the “compelling” state interest has, therefore, never been decided. If you read the case, you would see that it speaks more generally about “electioneering” practices, which obviously would include wearing campaign buttons. Just because it doesn’t address _only_ campaign buttons doesn’t mean it is not arguably applicable. I have never held myself out to be the last word on this or any topic. I just think I know a little bit more about legal issues than some other people might, solely because of my job. I have not and do not say I’m an expert; I have not and do not say I can’t be wrong. Please do not take it upon yourself to make those claims on my behalf – even if they are complimentary and kindly meant, and even if they are not. ---
**Author:** ![Alan\_Smithee](https://avatars.discourse-cdn.com/v4/letter/a/2acd7d/32.png) [@Alan\_Smithee](https://boards.straightdope.com/u/Alan_Smithee)\ **Post date:** [November 8, 2000, 8:12pm UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/23 "2000-11-08T20:12:47Z")
That quote from _ **The Star** _ is incredible, **retsin**. I hope they not only fire that woman, but fine her severely as well. I wasn’t wearing anything political when I went to the polls today, but I saw several people who were wearing buttons and stickers. A friendly city police officer was standing inside the door and would politely ask them to put in their pocket or purse while they were inside. I didn’t see anyone complain or argue. On the other hand, I went up to a friend I saw standing in line and told her how to vote on several races and issues. I had the endorsement editorial from the Arkansas Times, the local liberal (well, centrist-liberal) weekly, clipped out and with me, and I gave it to her to take into the booth with her. Later, several people in line behind me were trying to remember what the different Amendment proposals were, so I showed it to them, too. I am sure I was breaking the law, but no one seemed to mind. ---
**Author:** ![BobT](https://avatars.discourse-cdn.com/v4/letter/b/8e8cbc/32.png) [@BobT](https://boards.straightdope.com/u/BobT)\ **Post date:** [November 8, 2000, 8:46pm UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/24 "2000-11-08T20:46:44Z")
IANAL I assume that there would be a difference drawn between walking up to someone and privately talking to them in a polling place about how to vote and wearing a campaign button. In a sense, you can’t wear the button in private. Everybody sees it and everyone there is presumably affected by it. Obviously, you can’t walk into a booth with someone and help them out, unless they have some sort of disability that requires it. ---
**Author:** ![wolfman](https://avatars.discourse-cdn.com/v4/letter/w/a8b319/32.png) [@wolfman](https://boards.straightdope.com/u/wolfman)\ **Post date:** [November 8, 2000, 9:30pm UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/25 "2000-11-08T21:30:28Z")
> [@](#): > > …but I saw several people who were wearing buttons and stickers. A friendly city police officer was standing inside the door and would politely ask them to put in their pocket or purse while they were inside. Hmm, I think the exetents of this law should be tested, for Political science of course. Who wants to wear the pants and Underwear embroidered with a candidates name, and who wants to get a Tatoo on their forehead? ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [November 9, 2000, 3:43am UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/26 "2000-11-09T03:43:01Z")
> [@](#): > > \*Originally posted by Alan Smithee \* > \*\*Later, several people in line behind me were trying to remember what the different Amendment proposals were, so I showed it to them, too. I am sure I was breaking the law, but no one seemed to mind. \*\* You were not breaking the law by showing people what the different amendment proposals were. You were merely informing them of something that they would see once they stepped into the booth. That is not electioneering as long as you did not give them your opinion as to how to vote. ---
**Author:** ![barbitu8](https://avatars.discourse-cdn.com/v4/letter/b/839c29/32.png) [@barbitu8](https://boards.straightdope.com/u/barbitu8)\ **Post date:** [November 9, 2000, 3:51am UTC](https://boards.straightdope.com/t/is-this-constitutional/40204/27 "2000-11-09T03:51:19Z")
> [@](#): > > \*Originally posted by Alan Smithee \* > \*\* Later, several people in line behind me were trying to remember what the different Amendment proposals were, so I showed it to them, too. I am sure I was breaking the law, but no one seemed to mind. \*\* You did not break any law by showing people what the amendment proposals were, so long as you did not render an opinion as to how to vote. [Previous page](https://boards.straightdope.com/t/is-this-constitutional/40204.md?page=1)