The rule of law requires gov't officials enforcing the law to be guided by objective, workable standards. The Court held such standards were lacking in Minn.'s political apparel ban. Here's a revealing exchange: https://twitter.com/Anastasia_esq/status/968889343560572928 … /2
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Minn. significantly narrowed its statute in response to the decision. Many states have been careful not to overstep beyond the confines of shirts expressing support for candidates (which I personally think is still unworthy of criminalization, but that's a different matter) /3
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That's what makes the "National Rifle Association t-shirts" and "Federalist Society–branded pizza" examples in the article so puzzling. It's unclear that GA's ban on "campaign materials" applies to those items, and it would violate the First Amendment if it did. /4.
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In all events, the issue on "campaign materials" is neither here nor there when it comes to the prohibition on giving out water. That's a different clause. https://twitter.com/CBHessick/status/1375790920591900676 … /5
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One other quibble: the author states that "you just have to give [water] to the poll workers so they can put it out for general use." I'm not so sure. /6
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The law doesn't "prohibit a poll officer…from making available self-service water from an unattended receptacle to [a voter] waiting in line to vote." That doesn't clearly encompass water bottle pass-alongs. And it doesn't require poll officers to make water available. /7
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Voting isn't my main field. But, in my view, we should be cautious about overcriminalization, and strive to eliminate barriers that prevent people from going about their business. People are free to disagree, of course, but best to do so without misstating the facts. /8-fin
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