tutional? Was this taking place in a traditional public forum, designated public forum, or nonpublic fo- rum? Legal Rule/Rules Content-neutral laws are laws enacted to advance a government purpose unrelated to the content of the speech, these are time, place, and manner laws. Another legal rule within this case is the fact that it was a nonpublic forum. A nonpublic forum is government-held property that is not available for public speech and assembly purposes. Legal Analysis Considering polling places are nonpublic forums on Election Days, this case cannot be looked at with strict scrutiny. A content-neutral law is given the O’brien test and does not discriminate on basis of con- tent. These laws must serve an important government interest. There was no “reasonable line” of what
was allowed and what was banned as far as the apparel goes, according to this Minnesota law. The word “political” failed to be defined in this statue that had been erected prior to this incident. The content on Andrew Cilek’s shirt, and the pin were only an issue because of the time and place in which they were showcased. This case is within the content-neutral realm of law, since the issue at hand is with the time/place/manner of the political attire. Conclusion The Court held that the statute put in place by Minnesota violated the First Amendment rights to free speech.
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- Fall '16
- Morgan Loew