Do States Violate the First Amendment If Their Ban on Electioneering At or Near the Polls Extends to the Wearing of Partisan T-Shirts, Buttons, and Other Paraphernalia?

Julie Hilden has this commentary on Findlaw that begins: “Recently, several states have experienced controversy over whether voters can wear partisan T-shirts, buttons, and similar items to the polls. The reason the practice is controversial is that some deem it ‘passive electioneering,’ and state laws create a zone around polling places in which electioneering cannot occur . . . Beyond practicalities, however, who will win if this issue is litigated? In this column, I’ll consider that question.”