Sunday, August 07, 2016

{ΒΆ 36} "A statute which, in the claimed interest of free and honest elections, curtails the very freedoms that make possible exercise of the franchise by an informed and thinking electorate, and does this by * * * serving as a prior restraint upon expression not in fact forbidden as well as upon what is, cannot be squared with the First Amendment." United States v. Congress of Indus. Orgs., 335 U.S. 106, 155 (1948) (Rutledge J., concurring), quoted in Commonwealth v. Lucas, 472 Mass. 387, 402 (2015). 
This is from an ohio case upholding free speech in campaign fliers, but could apply as well to voter ID.

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