Minnesota’s absolute ban on political insignia fails that judicial review. Whatever interest the state may have in preventing confusion or improper influence, such an interest is not furthered by a complete ban on all political speech. The law is thus not narrowly tailored to serve any compelling state interest. Further, this ban on all political speech is facially overbroad. It places enormous discretion in unaccountable election judges to define “political” speech and thereby chills the personal expression of every Minnesota voter. The Court should grant review so that the Eighth Circuit’s lax protection of core political speech does not stand.
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