Wearing a MAGA Hat or a Taylor Swift Shirt to the Polls Could Get You Barred from Voting in Some States

John W. Whitehead
3 min readFeb 2, 2024

WASHINGTON, D.C. — The U.S. Supreme Court has given government officials the green light to obstruct citizens from voting at polling places based on the content of speech displayed on their clothing.

By refusing to hear an appeal in Ostrewich v. Hudspeth, the U.S. Supreme Court has laid the groundwork for citizens to be prevented from voting merely by wearing something expressive on their clothing that might relate to an item on a ballot. In a joint amicus brief with Justice and Freedom Fund and World Faith Foundation, The Rutherford Institute warned against electioneering laws that give government officials too much discretion to engage in viewpoint discrimination of voters. Conceivably, just the act of wearing a MAGA hat, a Taylor Swift t-shirt, or other apparel that could be perceived by a poll worker as sending a political message could get one criminally prosecuted or prevented from voting in some states.

“These polling place laws can be so vague as to prohibit citizens from voting merely for wearing clothing with images of Martin Luther King Jr. or John Lennon that could be considered ‘relating to’ an item on the ballot” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America

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John W. Whitehead

Constitutional attorney John W. Whitehead, president of The Rutherford Institute, is one of the nation’s leading advocates of civil liberties and human rights.