SUPREME COURT OF THE UNITED STATES IN THE SUPREME COURT OF THE UNITED STATES - - - - - - - - - - - - - - - - - MINNESOTA VOTERS ALLIANCE, ET AL., ) Petitioners, v. ) ) No. 16-1435 JOE MANSKY, ET AL., ) Respondents. ) - - - - - - - - - - - - - - - - - - Pages: 1 through 70 Place: Washington, D.C. Date: February 28, 2018 HERITAGE REPORTING CORPORATION Official Reporters 1220 L Street, N.W., Suite 206 Washington, D.C. 20005 (202) 628-4888 www.hrccourtreporters.com Official - Subject to Final Review 1 1 IN THE SUPREME COURT OF THE UNITED STATES 2 - - - - - - - - - - - - - - - - - - 3 MINNESOTA VOTERS ALLIANCE, ET AL., ) 4 5 6 Petitioners, v. 8 Respondents. ) ) - - - - - - - - - - - - - - - - - - 9 10 ) No. 16-1435 JOE MANSKY, ET AL., 7 ) Washington, D.C. Wednesday, February 28, 2018 11 12 The above-entitled matter came on for oral 13 argument before the Supreme Court of the United States 14 at 10:04 a.m. 15 16 APPEARANCES: 17 J. DAVID BREEMER, ESQ., Sacramento, California; on 18 19 20 behalf of the Petitioners. DANIEL ROGAN, ESQ., Minneapolis, Minnesota; on behalf of the Respondents. 21 22 23 24 25 Heritage Reporting Corporation Official - Subject to Final Review 2 1 C O N T E N T S 2 ORAL ARGUMENT OF: 3 J. DAVID BREEMER, ESQ. 4 On behalf of the Petitioners 5 ORAL ARGUMENT OF: 6 DANIEL ROGAN, ESQ. 7 On behalf of the Respondents 8 REBUTTAL ARGUMENT OF: 9 J. DAVID BREEMER, ESQ. 10 On behalf of the Petitioners 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Heritage Reporting Corporation PAGE: 3 31 66 Official - Subject to Final Review 3 1 P R O C E E D I N G S 2 (10:04 a.m.) 3 CHIEF JUSTICE ROBERTS: We'll hear 4 argument this morning in Case 16-1435, 5 Minnesota Voters Alliance versus Mansky. 6 Mr. Breemer. 7 ORAL ARGUMENT OF J. DAVID BREEMER 8 ON BEHALF OF THE PETITIONERS 9 10 MR. BREEMER: Mr. Chief Justice, and may it please the Court: 11 Minnesota's statute bans all 12 conventional political expression on apparel to 13 prevent a smaller class of material that can 14 already be regulated under other election 15 statutes. 16 Commerce, Moveon.cor -- Moveon.org -- excuse me 17 -- and countless other examples are prohibited. 18 Since a vast amount of the banned material is 19 legitimate speech and the statute has plain -­ 20 a few plainly justified applications, it is 21 overbroad and unconstitutional. 22 Shirts saying AFL-CIO, Chamber of JUSTICE GINSBURG: 23 those -- which are the -­ 24 JUSTICE KENNEDY: 25 Which -- which are I was just going to ask you -- I was just going to ask you, those Heritage Reporting Corporation Official - Subject to Final Review 4 1 examples you gave, in your view, could be 2 prohibited by a properly drawn statute? 3 Moveon.org and so forth you say could be 4 prohibited under a properly drawn statute? 5 6 MR. BREEMER: prohibited. 7 They can -- they are They are prohibited. JUSTICE KENNEDY: Could they be 8 prohibited under a statute that was more 9 narrowly drawn? 10 MR. BREEMER: No, I do not think they 11 could. Under any test, that type of 12 generalized political expression, associations 13 NAACP, countless others, could -- could not be. 14 And that -­ 15 JUSTICE KAGAN: 16 JUSTICE GINSBURG: 17 the procedural posture of this case? 18 the first time around you went to the Eighth 19 Circuit and they rejected the facial challenge, 20 but they sent it back as-applied. 21 court said as-applied is also dismissed. 22 it went back to the Eighth Circuit. 23 Do you think more -­ Could you clarify I gather District And So what -- are we dealing with a 24 facial challenge, are we dealing with an 25 as-applied challenge? Heritage Reporting Corporation Official - Subject to Final Review 5 1 MR. BREEMER: It's solely a facial 2 challenge, Your Honor. 3 were not appealed and they're not before the 4 Court. 5 statute on its face violates the First 6 Amendment overbreadth doctrine. 7 violate the First Amendment doctrine -- First 8 Amendment overbreadth doctrine because it 9 sweeps in so much political expression in 10 The as-applied claims So the only question is whether this And it does association that -­ 11 JUSTICE KAGAN: Do you -- do you 12 think, Mr. Breemer, that a statute could target 13 only electoral speech, in other words, "Clinton 14 for President," "Trump for President," that 15 sort of thing? 16 speech cannot be worn in the polling place? 17 MR. BREEMER: 18 that. 19 statute -­ 20 Could a statute say that that Yes, a statute does say In Minnesota, the first sentence of this JUSTICE KAGAN: No, I know. But it -­ 21 could a statute constitutionally say that? 22 it were limited to that, would that be 23 permissible, or is it impermissible? 24 25 MR. BREEMER: If Yes, Your Honor, it's a very close call, but it's not one that this Heritage Reporting Corporation Official - Subject to Final Review 6 1 Court has to make in this particular case. 2 3 JUSTICE KAGAN: I know, but I'm just asking your view. 4 MR. BREEMER: I honestly don't know, 5 Your Honor, whether that -- that line is so 6 close, but the statute here, the first 7 sentence, already prohibits that material, and 8 it's unchallenged, that particular sentence 9 here. And even assuming you could ban advocacy 10 expression, this statute goes so far to take in 11 so much material that isn't advocacy, that is 12 simply self-expression of personal values and 13 associations. 14 very tough call, but it's not one this Court 15 has to decide. 16 So I agree it's a tough -- a JUSTICE KENNEDY: Well, but it -- but 17 it's important for us if -- we're going to have 18 to write an opinion on this. 19 don't know, I don't know. 20 (Laughter.) 21 JUSTICE KENNEDY: 22 What about political buttons? 23 MR. BREEMER: 24 JUSTICE KENNEDY: 25 You say, well, I Anything that -­ "Vote -- Vote for X" or "Vote for Y" and they're both on the ballot. Heritage Reporting Corporation Official - Subject to Final Review 7 1 MR. BREEMER: Correct. As I mentioned 2 before, the statute -- the first sentence 3 already bans that, and so I think -­ 4 JUSTICE KENNEDY: We're asking about a 5 hypothetical case. 6 limited to that be upheld? 7 constitutional in your view? 8 9 Could a statute that was MR. BREEMER: would be. And would it be No, I don't think it I don't think it would be. 10 JUSTICE KENNEDY: 11 MR. BREEMER: All right. Because of the passive 12 and non-disruptive nature of the speech, people 13 simply wearing that type of clothing as they go 14 in and out of the polling place -­ 15 16 17 18 19 20 JUSTICE SOTOMAYOR: you're telling us to overrule Burson? MR. BREEMER: No, Your Honor, I'm not saying that at all. JUSTICE SOTOMAYOR: MR. BREEMER: 22 JUSTICE SOTOMAYOR: 24 25 Burson basically said the opposite of what you're saying. 21 23 So you're -­ Well, it's -­ Directly and completely. MR. BREEMER: Well, as we read Burson, it didn't deal with the passive wearing of a -­ Heritage Reporting Corporation Official - Subject to Final Review 8 1 any kind of apparel, campaign or more general 2 political apparel. 3 campaigning and material used in conjunction 4 with that conduct. 5 It dealt with active JUSTICE SOTOMAYOR: That's the line 6 you're drawing? 7 on instead of handing it around, that's the 8 line you want us to draw? 9 Because someone puts something MR. BREEMER: Well, that's part of the 10 line. 11 material undercuts the state's interest in 12 claiming that it's disruptive, but it's also -­ 13 also intimidating speech can -­ 14 It's not -- the passive nature of the 15 JUSTICE GORSUCH: Mr. -- Mr. Breemer -­ 16 MR. BREEMER: Yes. 17 JUSTICE GORSUCH: -- passive versus 18 active sounds a lot like the act/omission 19 distinction, and that has proven to be one of 20 the most slippery concepts in all of law. 21 Is it an act to put on a button or is 22 it an omission to not speak about what's on the 23 button? 24 if it were instead a sign on my head, you know, 25 flashing lights? A T-shirt, you say, is passive. What Is that active or is that Heritage Reporting Corporation Official - Subject to Final Review 9 1 passive? How are we supposed to police the 2 line you're -- you're suggesting? 3 MR. BREEMER: Well, what I'm 4 suggesting, Your Honor, is that the line is 5 already policed. 6 interests that it's claiming in polling places 7 are already regulated by other statutes. 8 instance, Minnesota's anti-intimidation 9 statute, Section 211B.07, could be utilized to All the government's For 10 get at intimidating and threatening messages in 11 the polling place. 12 Similarly -­ CHIEF JUSTICE ROBERTS: They -- they 13 talk about other interests like decorum and 14 dignity, and those aren't addressed by the 15 other statutes. 16 MR. BREEMER: No, they're not. Well, 17 they are addressed by Section 2 -- 204C.06, 18 Your Honor, which prohibits disorderly conduct 19 and interference -­ 20 CHIEF JUSTICE ROBERTS: Well, there's 21 a difference between interference with 22 someone's right to vote or disorderly conduct 23 and -- and decorum. 24 the same. 25 than you can't intimidate someone. They're not -- they're not Decorum, obviously, reaches further Heritage Reporting Corporation Official - Subject to Final Review 10 1 MR. BREEMER: Yes, it probably would, 2 Your Honor. 3 to vote -- as far as I understand it, the right 4 to vote free of intimidation, but there's not a 5 right to vote free of being bothered at all. 6 Polling places are not pristine retreats from 7 the real world, and I don't believe the 8 government can sacrifice the First Amendment to 9 make them that way. 10 That's true. But there's no right CHIEF JUSTICE ROBERTS: Well, you -­ 11 you say that, but I wonder if the state can 12 make an opposite determination and say, you 13 know, for however many months we've had this, 14 you know, maybe bitter, sharp, political 15 campaign going on, and maybe, just before you 16 cast your vote, you should be able to have a 17 time for some quiet reflection or to do that 18 important civic obligation in peace and quiet 19 without being bombarded by another campaign 20 display. 21 And it -- you know, you say these are 22 -- it's passive but not active, but, you know, 23 a picture can be worth a thousand words, and 24 people's apparel can convey very strong and 25 shocking images that maybe the state can decide Heritage Reporting Corporation Official - Subject to Final Review 11 1 that, just before you cast your vote, you 2 should have at least a moment free of all the 3 Sturm und Drang of the campaign. 4 MR. BREEMER: That -- that's true. 5 And there are legitimate interests in the 6 polling place. 7 of the material that it wants to get at, if not 8 all of it, is already covered. 9 amount that you're suggesting is not covered -­ 10 The problem here is that most JUSTICE GINSBURG: And the small But you've answered 11 -- you've answered that it's already covered, 12 but it's no good. 13 14 JUSTICE KENNEDY: good. 15 16 MR. BREEMER: Excuse me, I'm sorry. I didn't -­ 17 18 You've said it's no JUSTICE GINSBURG: You said the coverage was no good, that you could not cover. 19 MR. BREEMER: If I'm -- yes, Your 20 Honor. 21 on whether you could constitutionally proscribe 22 campaign apparel, specifically advocacy 23 apparel, I would say no. 24 JUSTICE KENNEDY: 25 If I'm pressured to make the call on -­ Well, you're pressured to come -­ Heritage Reporting Corporation Official - Subject to Final Review 12 1 2 3 MR. BREEMER: But the statute here goes far beyond that. JUSTICE KENNEDY: -- you're pressured 4 to come up with a workable rule to guide us 5 when we write this decision. 6 MR. BREEMER: Yes, Your Honor. 7 JUSTICE KENNEDY: And you're -- you're 8 telling, in response to the Chief Justice, 9 basically, that the state's interest in -- in 10 -- in decorum and solemnity and the dignity of 11 the voting process cannot be protected by rules 12 relating to buttons and apparel. 13 MR. BREEMER: I'm saying, Your Honor, 14 that it -- it's not reasonably protected in 15 this instance because it sweeps in so much 16 material that's not reasonably related to those 17 interests -- interests. 18 JUSTICE ALITO: Well, suppose we think 19 that it would be a different case and that a 20 state could have a law that prohibits the 21 wearing of buttons or any other -- or attire 22 that contains the name of a candidate or refers 23 to a ballot issue or the name of a political 24 party that has candidates running for office in 25 that election. Heritage Reporting Corporation Official - Subject to Final Review 13 1 If we thought that that would be 2 consistent with the First Amendment, would that 3 doom your case or would you still have 4 additional arguments? 5 MR. BREEMER: No, that -- Your Honor, 6 that is one place where you can draw the line. 7 And if the line is drawn there, this statute 8 still fails. 9 sweeps in so much other -- all political -­ 10 It's still overbroad because it JUSTICE KAGAN: And -- and what would 11 be the justification for that line, in your 12 view? 13 14 MR. BREEMER: Well, the justification -­ 15 JUSTICE KAGAN: In other words, why 16 would we put one -- all the materials that 17 Justice Alito talked about on one side of the 18 line and all the materials that you think a 19 state cannot restrict on the other side of the 20 line? 21 In your view, what's the difference? MR. BREEMER: I think that you could 22 arguably conclude that that type of apparel is 23 reasonably related to the government's 24 legitimate interest in preventing undue 25 influence in polling places, but shirts that Heritage Reporting Corporation Official - Subject to Final Review 14 1 simply say AFL-CIO, Chamber of Congress, NAACP, 2 those are not related to the government's 3 interests in -­ 4 5 JUSTICE SOTOMAYOR: on the ballot? 6 7 MR. BREEMER: Yes, Your Honor, I would -- that would be -­ 8 9 How about issues JUSTICE SOTOMAYOR: All right. let's talk about a fiscal matter. So Could 10 someone then wear a button or a shirt or could 11 the state ban a button or a shirt that said 12 "Restrain Government Spending"? 13 MR. BREEMER: No, Your Honor, I don't 14 believe it could, because the connection is so 15 -- 16 JUSTICE SOTOMAYOR: I think your 17 adversary says they can because it's a 18 political issue display. 19 20 21 22 MR. BREEMER: That's correct. they do -­ JUSTICE SOTOMAYOR: And that's where you say they can't? 23 MR. BREEMER: 24 JUSTICE SOTOMAYOR: 25 I think No. We say -­ Even though that's on the ballot? Heritage Reporting Corporation Official - Subject to Final Review 15 1 MR. BREEMER: A fiscal issue? I think 2 the connection would be too attenuated because 3 then you could extrapolate forever. 4 JUSTICE SOTOMAYOR: To you. But do 5 you think a reasonable observer would think 6 it's too attenuated? 7 MR. BREEMER: I think a -- yes, I do 8 think a reasonable observer would not see 9 generalized political apparel as an influencing 10 towards something on the ballot. 11 the problem with this statute. 12 silence so much peaceful conventional messaging 13 by the blunt means of -- of outlying 14 everything. 15 JUSTICE SOTOMAYOR: 16 JUSTICE GINSBURG: And that's It seeks to Can you -­ But they have a 17 statute that covered one thing that is in this 18 case, it's not hypothetical, it doesn't have to 19 do with an issue on the ballot, but the "Please 20 ID Me," the "Please ID Me" button, which was 21 challenged and then you chose not to pursue 22 that. 23 But what is your position on that? 24 Could a legitimately challenged statute stop 25 you from having the "Please ID Me" button? Heritage Reporting Corporation Official - Subject to Final Review 16 1 MR. BREEMER: Yes, it could. And I 2 think the Minnesota's anti-deception, 3 anti-fraud statute that is already on the books 4 could be used -- could have been used and could 5 be in the future, if similar circumstances come 6 up, could be used to deal with that button. 7 That's Section 20 -- 211B.07 again. 8 anti-intimidation statute. 9 That's the There is also a fraud statute, which 10 is 204C.035. 11 can be already addressed through its election 12 statutes. 13 so overbroad, is that it's trying -- they're 14 trying to get at a small slice of potentially 15 uncovered material by banning all political 16 expression in association, even items that 17 don't go to ballot issues, that don't go to 18 candidates, that are just personal expression 19 of political beliefs and political values. 20 All the government's interests And that's what makes this statute JUSTICE KAGAN: It -- it just is a 21 little bit hard, Mr. Breemer, to evaluate an 22 argument of overbreadth unless we have a clear 23 view from you as to how far you think a state 24 could go. 25 So I'm not sure that you've given us Heritage Reporting Corporation Official - Subject to Final Review 17 1 that view. 2 accept Justice Alito's suggestion, or do you 3 want to draw the line at some other place so 4 that we know, okay, that's permissible, this is 5 impermissible, how does this relate to that? 6 That's the usual way overbreadth analysis goes. 7 I mean, are you -- do you want to MR. BREEMER: Yes, Your Honor. And 8 it's -- it's -- it's very difficult, given the 9 range of available material that's out there 10 and the number of interests the government has 11 here to be able to put every item in the -- in 12 the appropriate box. 13 draw a line, other than drawing a line through 14 this particular sentence, which would allow the 15 government to continue to pursue its interests 16 but accommodate free speech. 17 I think it's very hard to JUSTICE KENNEDY: I agree -­ Well, if -- if the 18 Court is concerned about preserving the dignity 19 and the decorum and the solemnity of the voting 20 process, and the statute is as difficult as you 21 say, isn't that an argument for allowing good 22 faith determination on a case-by-case basis by 23 the polling officials? 24 25 MR. BREEMER: No, I wouldn't say that, Your Honor, because in the meantime free speech Heritage Reporting Corporation Official - Subject to Final Review 18 1 would be chilled. 2 political expression in association that no 3 reasonable person would see as a threat to the 4 polling place would be chilled in the process, 5 as it's being chilled right now and will 6 continue to be chilled unless this statute is 7 invalidated. 8 9 All -- all the conventional So I agree that it's a possible line to draw at advocacy material, but, in any 10 event, the statute would fail because it still 11 sweeps in the rest of the conventional type -­ 12 JUSTICE KAGAN: If -- if that were 13 where we drew the line, I mean, what -- what 14 would be encompassed in advocacy material? 15 Would it be only things that named a 16 candidate's name? 17 MR. BREEMER: Your Honor, I think it 18 would be anything that said for or against a 19 candidate or an issue directly on the ballot. 20 21 22 JUSTICE KAGAN: How about if it said "Resist"? MR. BREEMER: I think that would be 23 constitutionally permitted, and should be, and 24 -- and generalized slogans -­ 25 JUSTICE KAGAN: "Make America Great Heritage Reporting Corporation Official - Subject to Final Review 19 1 Again"? 2 MR. BREEMER: That type of slogan, 3 too, I think that should be constitutionally 4 permissible. 5 otherwise, you start to bleed over and pretty 6 soon you have the problem that we have here of 7 discretionary enforcement and you're swallowing 8 all this other legitimate speech when you're 9 trying to just stop that type of advocacy 10 Any -- call it generalized -­ material. 11 JUSTICE KENNEDY: Why should there be 12 speech inside the election booth at all, or 13 inside the what you call the election room? 14 Let's -- let's say that it's a small room. 15 should there be any speech there at all? 16 You're there -- you're there to vote. 17 MR. BREEMER: Why Your Honor, because the 18 First Amendment doesn't stop at the polling 19 place door, even -- even if it's a non -­ 20 JUSTICE KENNEDY: 21 questions in the case. 22 citation for that? 23 24 25 MR. BREEMER: That's one of the What's your cite -­ "Jews for Jesus," Your Honor. JUSTICE GINSBURG: Was it an airport? Heritage Reporting Corporation Official - Subject to Final Review 20 1 MR. BREEMER: It was an airport. It 2 was a non-public forum, Your Honor. 3 I'm referring to -- that's why I'm referring to 4 it. 5 JUSTICE GINSBURG: That's why Justice Kennedy 6 asked the question, could a state say that the 7 polling place is off limits to any kind of 8 advocacy or promotion of any point of view? 9 MR. BREEMER: A state could say that, 10 yes, Your Honor, and Minnesota has said that. 11 I'm sorry if I misunderstood. 12 question was whether you could create an 13 entirely First Amendment-free zone in the 14 polling place. 15 would be, no, you -- you can't. 16 I thought your And -- and my answer to that And this gets close to a First 17 Amendment-free zone because political speech is 18 such a core part of the First Amendment that 19 it's a political speech-free zone. 20 you may be able -- the government may be able 21 to ban a certain small class of material, for 22 instance, the advocacy material, it couldn't 23 sweep in all the rest of the available 24 political speeches out there, "Resist" shirts, 25 "Me Too" and so on. And while But that's exactly what Heritage Reporting Corporation Official - Subject to Final Review 21 1 it's doing here. It's trying to silence all 2 this legitimate speech by -- to -- to go after 3 a small slice that it can already regulate 4 under its other statutes. 5 JUSTICE GINSBURG: So what -- what do 6 you put in what the state can do in addition to 7 vote for candidate X or vote against 8 proposition Y? 9 MR. BREEMER: As a bright-line rule, 10 Your Honor, I don't -- I don't see any other 11 feasible bright line. 12 would have to -- if there's an intimidating 13 message that comes in, I think the state would 14 have to deal with that on an as-applied basis, 15 as -- as events occur under its existing 16 statutes like such -­ 17 I think that the state JUSTICE SOTOMAYOR: You took the 18 position that "Me Too" -- "Please ID Me" wasn't 19 intimidating. 20 21 MR. BREEMER: No, Your Honor, I don't think I -­ 22 JUSTICE SOTOMAYOR: Or that it was 23 free speech that should not be stifled, 24 correct? 25 now? Are you changing your mind on that Heritage Reporting Corporation Official - Subject to Final Review 22 1 MR. BREEMER: No. Our position was 2 that, as pure speech, just the words on that 3 button were, yes, it was protected speech, 4 that's correct. 5 JUSTICE SOTOMAYOR: So there's always 6 line drawing, whether you call it intimidating 7 speech or not, someone's going to have to draw 8 a line. 9 So going back to Justice Kennedy's 10 point, why, if this is not a public forum, why 11 can't the state reasonably draw the line at 12 saying political speech of any kind can be 13 potentially intimidating in a voting place and 14 we won't permit it? 15 MR. BREEMER: I think the -- the -­ 16 the reason is that the First Amendment 17 continues, as I mentioned before, continues to 18 apply in polling places. 19 create these -­ 20 JUSTICE SOTOMAYOR: 21 vote. 22 activity. 23 24 25 And once we start to It does. You can That's the permitted act, political MR. BREEMER: Correct. And, Your Honor, that's -­ JUSTICE SOTOMAYOR: So it's not all Heritage Reporting Corporation Official - Subject to Final Review 23 1 that's being -­ 2 MR. BREEMER: There -- there's an -­ 3 JUSTICE SOTOMAYOR: I mean, I suspect 4 that on a military base we would say it would 5 be okay for the Army to say on military grounds 6 we're not going to permit political speech. 7 MR. BREEMER: Well, I'm not quite sure 8 about that, Your Honor, because, in Greer, in 9 the Greer decision, the Court said that 10 conventional political speech would not be 11 banned. 12 This Court has never upheld a 13 prohibition on political speech as broad as 14 this. 15 And there's not -­ JUSTICE ALITO: Have we ever said that 16 it would be permissible to ban all political 17 speech on military ground? 18 MR. BREEMER: No, Your Honor. In -­ 19 in Greer, the Court said that conventional 20 political speech was -- continued to be 21 permitted. 22 the question is that this Court has never 23 upheld a prohibition this broad in -- even in 24 non-public forums, even on a military 25 reservation, in an airport, in a school. And -- and so I guess the answer to Heritage Reporting Corporation In Official - Subject to Final Review 24 1 Cohen, Tinker, in Greer, in all these cases, 2 the Court wasn't willing to draw a line -­ 3 4 JUSTICE SOTOMAYOR: not a state interest that would permit it? 5 6 Because there was MR. BREEMER: correct. 7 Well, that's -- that's It -- there wasn't -­ JUSTICE SOTOMAYOR: It wasn't a state 8 interest, but here there is a state interest 9 that was recognized in Burson as being quite 10 important and very legitimate? 11 MR. BREEMER: It's true, they are 12 important interests, and -- and we don't deny 13 that. 14 is such a blunt means that it's swallowing a 15 lot -­ The problem is that the means being used 16 JUSTICE KENNEDY: 17 MR. BREEMER: You're -- you're -­ -- of political 18 expression that doesn't have a reasonable 19 connection to those particular interests, like 20 simply wearing a shirt that identifies an 21 organization that has political views or a hat 22 or any other sort of apparel that simply 23 identifies the wearer's personal beliefs. 24 25 A lot of this material is not worn as advocacy or to influence but simply as Heritage Reporting Corporation Official - Subject to Final Review 25 1 self-expression on the day of election when 2 people want to express their own political 3 views when everyone is talking about them and 4 -- and wear them in. 5 I don't believe we -- our position -- it cannot 6 be banned even under the -- the most lenient 7 test because it's not related to these 8 interests. 9 So that type of material, Now there's some -- is some material, 10 threatening intimidating material, threats to 11 particular classes, that could be under 12 Minnesota's anti-intimidation statute, but the 13 problem here -- we have here is that the 14 statute doesn't stop there. 15 CHIEF JUSTICE ROBERTS: What about the 16 -- the concern about coordination? You know, 17 whatever the group is, you know, a big 18 employer, the union, teachers, whatever, say 19 we're all going to show up and we're all going 20 to have, you know, these -- these buttons on or 21 whatever, and maybe you're a member of the 22 group and you don't agree with the position and 23 you'll feel some pressure to transform your 24 speech from what you really would like to say 25 or you wouldn't like to say anything about it, Heritage Reporting Corporation Official - Subject to Final Review 26 1 yet you're going to be identified; because you 2 don't have our button, you're not doing what 3 you should be doing to support the group. 4 MR. BREEMER: Yes, Your Honor. And if 5 that situation did come up, it could be 6 addressed under Section 204C.06, which 7 prohibits voter interference and disorderly 8 conduct and loitering in the polling place. 9 CHIEF JUSTICE ROBERTS: Well, but 10 nobody would say that it's interference or 11 disorderly conduct. 12 pressure. 13 by any of those other statutory provisions. 14 It's subtle psychological I don't think that would be covered MR. BREEMER: And in that case, Your 15 Honor, then it would be -- could be dealt with 16 on an as-applied basis as the circumstances 17 come up, if it crosses the line between -­ 18 19 JUSTICE GINSBURG: what? 20 MR. BREEMER: 21 JUSTICE GINSBURG: 22 23 As-applied under -- speech and conduct. Under what? You have to have a statute to apply. MR. BREEMER: Yes. And I -- and I'm 24 still referring to the other statutes that 25 could be addressed as an as-applied challenge Heritage Reporting Corporation Official - Subject to Final Review 27 1 under those situations -- under those existing 2 statutes because it's crossing the line. 3 that kind of situation, it would cross the line 4 between speech and conduct. 5 the line between speech and conduct -- or 6 speech and electioneering, if you draw the line 7 at advocacy, it would cross the line between 8 electioneering, either one of those, and then 9 you could deal with it on that situation. In And once you cross 10 I would mention, though, it is -- it 11 is -- it is a fact that that type of behavior 12 is already not allowed in polling places 13 because of the other interests in statutes in 14 there that try to keep it in a -- in a -- quiet 15 decorum and limiting people for only the 16 purpose of going in and out of the polling 17 place. 18 19 20 JUSTICE ALITO: How many other states have laws that go as far as Minnesota's? MR. BREEMER: Your Honor, we believe 21 -- nine is our estimate. And the remainder 22 deal with electioneering. 23 electioneering at the advocacy material that we 24 were discussing before. 25 that have similar to this, and -­ They stop at So there's nine states Heritage Reporting Corporation Official - Subject to Final Review 28 1 JUSTICE ALITO: And what has been the 2 experience of these other case -- these other 3 states? 4 polling place? 5 the polling place? Have they had brawls in the -- in the 6 Have they had disturbances in MR. BREEMER: No, Your Honor, there's 7 no evidence of -- of disruption either in 8 Minnesota or these other states caused by 9 simply wearing -­ 10 JUSTICE ALITO: Well, the states that 11 don't have laws that go as far as Minnesota's, 12 what -- what has been the record there? 13 MR. BREEMER: As far as I know, Your 14 Honor -- it's not in this record. 15 know, that they -- that there hasn't been any 16 instances of a disruption caused by people 17 wearing apparel, except for when polling 18 workers confront people wearing apparel and 19 then stop the process to try and police their 20 clothes. 21 As far as I And that's part of the problem here, 22 is that disruption and intimidation is often 23 going to occur through the policing of 24 someone's shirt, not through the fact that 25 they're passively wearing it as they go in and Heritage Reporting Corporation Official - Subject to Final Review 29 1 2 out of the polling place. JUSTICE ALITO: And does the record 3 show how many officials would be making these 4 determinations at a general election in 5 Minnesota and how they're selected? 6 7 8 9 10 MR. BREEMER: The polling officials, Your Honor? JUSTICE ALITO: Yeah, the polling officials. MR. BREEMER: They're selected from 11 the parties, various parties. 12 is submitted, and they're selected. 13 know how many there are. 14 Names -- a list I don't We know that there's more than one. 15 We also know that there's -- there's other 16 officials sometimes that go in there. 17 JUSTICE ALITO: So they're selected by 18 the parties. 19 party thinks that the attire of a particular 20 voter violates this law, what happens? 21 the final decision? 22 So if a -- an official from one MR. BREEMER: That's What happens at that 23 point, Your Honor, is, yes, that's -- that's a 24 final decision in -- in this respect. 25 the voter with the apparel must either take off The -­ Heritage Reporting Corporation Official - Subject to Final Review 30 1 their clothes or have their name and address -­ 2 JUSTICE GINSBURG: But if the other -­ 3 the other election judge says I disagree, then 4 what happens? 5 MR. BREEMER: Then I -- I think they 6 would call the head judge, Your Honor, and 7 there would be a decision -- head election 8 judge and there would be a decision being made. 9 And in the meantime, there would be a 10 disruption going on in the polling place 11 because apparel is being policed. 12 JUSTICE ALITO: 13 MR. BREEMER: 14 JUSTICE ALITO: And who -­ And, again -­ I'm sorry. And who 15 selects the head election judge at any 16 particular place? 17 MR. BREEMER: I'm sorry, Your Honor, I 18 don't -- I don't know the answer to that 19 question. 20 My co-counsel may. JUSTICE ALITO: Well, I'll ask -- I 21 guess I'll ask the state. Do you know whether 22 these -- these people have any training or are 23 they all chosen to be the reasonable observer? 24 Do they, you know, test them to see if they're 25 -- they're the reasonable observer? Do we Heritage Reporting Corporation Official - Subject to Final Review 31 1 know? 2 MR. BREEMER: I don't know. I know 3 that they try to train them, Your Honor. And 4 this is how the Election Day policy in this 5 case came up. 6 to train the officials to -- polling officials 7 to apply this very broadly to material that 8 names an organization, advocacy material, party 9 material, and not limited to that. The election officials attempted 10 So there is some effort to train them, 11 but the effort in this case confirmed that this 12 statute sweeps so broadly that there's almost 13 virtual -- there's virtually nothing political 14 that it can't take in. 15 I'll reserve my remaining time. 16 CHIEF JUSTICE ROBERTS: 17 18 Thank you, counsel. Mr. Rogan. 19 ORAL ARGUMENT OF DANIEL ROGAN 20 ON BEHALF OF THE RESPONDENTS 21 22 23 MR. ROGAN: Mr. Chief Justice, and may it please the Court: Minnesota's restriction on speech in 24 the polling place does not violate the First 25 Amendment. It is a reasonable and Heritage Reporting Corporation Official - Subject to Final Review 32 1 viewpoint-neutral speech restriction in a 2 quintessential nonpublic forum that protects 3 the fundamental right to vote. 4 This Court has recognized that 5 ensuring the integrity of our electoral process 6 and protecting the fundamental right to vote 7 are government interests of the highest order 8 and that laws advancing these important 9 interests may constitutionally limit speech. 10 Minnesota's prohibition on political 11 apparel in the polling place is such a law. 12 This law protects the integrity of the 13 elections by preserving order and decorum in 14 the polling place, and preventing voter 15 confusion and intimidation. 16 CHIEF JUSTICE ROBERTS: It does reach 17 quite a bit beyond what I think a reasonable 18 observer would think is necessary. 19 you really think if someone has a shirt with 20 the tiniest little logo or inscription here, 21 that that's going to have any effect on 22 decorum? 23 MR. ROGAN: Do -- do Your Honor, the -- the -­ 24 the test that Minnesota has is what a 25 reasonable observer would understand is Heritage Reporting Corporation Official - Subject to Final Review 33 1 advocating electoral choices. 2 ways, a tiny lapel pin that no one can see is 3 -- is not -­ 4 So, in some CHIEF JUSTICE ROBERTS: Well, you can 5 see it. 6 it's -- it's the logo of one of the campaigns. 7 I mean, you can see it and you know MR. ROGAN: Certainly, yes, Your 8 Honor, I do -- I do think that that causes the 9 -- the problems and is constitutionally 10 proscribable, and it's for the reasons that -­ 11 that you discussed, which is the intimidation 12 that it -- that can occur is not just based on 13 the plain meaning of what is -- what the 14 apparel says, that it's somehow intimidating on 15 its own. 16 prophylactic measure designed to prevent the 17 type of intimidation that you talked about, 18 which is that having people identify with 19 particular candidates allows them to then 20 suddenly feel like they either have to comply 21 or that they are going to be singled out, and 22 that can lead to the intimidation. 23 It's -- it's -- it's a pro- -- it's a And that's what the history of -- in 24 Minnesota and in states in the late 1800s that 25 led this Court in Burson to uphold exactly that Heritage Reporting Corporation Official - Subject to Final Review 34 1 2 3 4 type of prohibition. CHIEF JUSTICE ROBERTS: know if I discuss the issues. Well, I don't I ask questions. But I just don't understand where the 5 disruption of the decorum comes with respect to 6 anything that qualifies as -- as political. 7 -- I mean, people going to vote certainly would 8 expect that they would see people arguing for 9 their candidates or the other candidates, I 10 though maybe not within 100 feet or whatever. 11 But the idea that they're going to be protected 12 from recognizing that other people support 13 different candidates than they might, I think, 14 is a bit more of a stretch. 15 MR. ROGAN: Certainly, Your Honor, and 16 -- and I think -- I think Burson recognized 17 that order and decorum can be called into 18 question by simply wearing campaign material. 19 All that Minnesota's law does is extend that 20 line to political material. 21 And it's for the exact same reasons. 22 It's that when you have a campaign that's gone 23 on for months, and we end up at the Election 24 Day in the polling place where we have asked 25 people to come forward to exercise their right Heritage Reporting Corporation Official - Subject to Final Review 35 1 to vote, that is a place where we want to 2 ensure that there's order and decorum so that 3 there is the solemnity that goes with voting. 4 And having people identify themselves 5 with a pin that is a campaign or a political 6 message on it reasonably could lead to 7 disruption. 8 9 And that disruption -­ JUSTICE GINSBURG: How would -- how would -- well, how far does -- does this go? 10 The -- the clear case is a pin that says "Vote 11 For Candidate X." 12 Petitioner that you can't wear a pin saying "Me 13 Too," you can't wear a pin saying "ACLU Defends 14 Free Speech"? 15 But we're told by the MR. ROGAN: Your Honor, the -- the 16 line that we have drawn is campaign material 17 plus political material, with the definition of 18 political material being reasonably related -­ 19 a reasonable person would understand that the 20 message that's being delivered is one regarding 21 electoral choices in the polling place. 22 And so -­ 23 JUSTICE GINSBURG: So where -- where 24 does that limitation come in, electoral choices 25 in the polling place? Heritage Reporting Corporation Official - Subject to Final Review 36 1 MR. ROGAN: Your Honor, it comes from 2 the definition of political, which is in an 3 Election Day -- Election Day electioneering 4 statute, and from the definition of political 5 purpose, which is in the statute which 6 describes -- that uses the word "political" to 7 mean influencing voting in an election. 8 9 JUSTICE ALITO: The problem is that so many things have political connotations, and 10 the connotations are in the eye of the 11 beholder. 12 And on Election Day, you're going to 13 have hundreds, maybe thousands of officials in 14 Minnesota, and every one of them probably 15 thinks that he or she is the reasonable 16 observer, and they're making a determination 17 about whether something has political 18 connotations. 19 And in one of your elections, in 2016, 20 I think, you had the President was running, 21 members of the House were running, members of 22 the State Legislature were running, State 23 Judges were running. 24 elections. 25 There were local There was one ballot question. So the observer would have to know all Heritage Reporting Corporation Official - Subject to Final Review 37 1 of the issues in all of those campaigns and 2 would have to decide whether something had 3 connotations regarding any of those issues. 4 It's -- it's an invitation for 5 arbitrary and -- arbitrary enforcement and 6 enforcement that's not even-handed. 7 have no idea where the line lies. 8 9 And I -- I Some of the examples that were raised in the Eighth Circuit were really pretty -- and 10 -- and the state said, yes, that would be 11 prohibited. 12 prohibited? 13 An AFL-CIO shirt, that would be MR. ROGAN: So, Your Honor, the -- I 14 think the -- the answer is that it has two 15 components to it. 16 relating to electoral choices and it has to be 17 well-known. 18 It has to be understood as So many of the examples that -- that 19 you talked about simply wouldn't be well-known. 20 It's -- it's a reasonable observer sitting in 21 the polling place on Election Day, after 22 there's been a campaign, after there's been the 23 issues that have been raised that are relevant 24 to the election, deciding whether or not they 25 believe that it's reasonable to understand the Heritage Reporting Corporation Official - Subject to Final Review 38 1 message being -­ 2 JUSTICE ALITO: Yeah. Well, that 3 makes it worse, that it has to be -- well, it's 4 not only does it have to be a political 5 message, but it has to be well-known. 6 what is well-known? 7 MR. ROGAN: What -­ Well, Your Honor, the 8 political has a -- has a plain meaning in our 9 statute based on that it -- it's influencing 10 elections. 11 What I -- all that I'm describing is 12 that something that is political, for example, 13 that is known to only a few people but is 14 clearly political, is not going to be something 15 that's going to be reasonably understood by 16 voters in the polling place. 17 18 JUSTICE ALITO: a rainbow flag? 19 How about a shirt with Would that be permitted? MR. ROGAN: A shirt with a rainbow 20 flag? 21 would be permitted unless there was -- unless 22 there was an issue on the ballot that -- that 23 related somehow to -- to gay rights. 24 25 No, it would -- yes, it would be -- it JUSTICE ALITO: How about a shirt that says "Parkland Strong"? Heritage Reporting Corporation Official - Subject to Final Review 39 1 MR. ROGAN: No, that would -- that 2 would be -- that would be allowed. 3 I think, Your Honor -­ 4 5 JUSTICE ALITO: Even though gun control would very likely be an issue? 6 MR. ROGAN: 7 JUSTICE ALITO: 8 I think -­ To the extent -­ I bet some candidate would raise an issue about gun control. 9 MR. ROGAN: Your Honor, the -- the -­ 10 the line that we're drawing is one that is -­ 11 is related to electoral choices in a -­ 12 JUSTICE ALITO: Well, what's the 13 answer to this question? You're a polling 14 official. 15 that be allowed or would it not be allowed? You're the reasonable person. 16 MR. ROGAN: 17 JUSTICE ALITO: 18 MR. ROGAN: Would The -- the Parkland? Yeah. I -- I think -- I think 19 today that I -- that would be -- if -- if that 20 was in Minnesota, and it was "Parkland Strong," 21 I -- I would say that that would be allowed in, 22 that there's not -­ 23 24 25 JUSTICE ALITO: Okay. How about an NRA shirt? MR. ROGAN: An NRA shirt? Today, in Heritage Reporting Corporation Official - Subject to Final Review 40 1 Minnesota, no, it would not, Your Honor. 2 think that that's a clear indication -- and I 3 think what you're getting at, Your Honor -­ 4 5 JUSTICE ALITO: I How about a shirt with the text of the Second Amendment? 6 MR. ROGAN: Your Honor, I -- I -- I 7 think that that could be viewed as political, 8 that that -- that would be -- that would be -­ 9 10 JUSTICE ALITO: How about the First Amendment? 11 (Laughter.) 12 MR. ROGAN: No, Your Honor, I don't -­ 13 I don't think the First Amendment. 14 Honor, I -­ And, Your 15 CHIEF JUSTICE ROBERTS: 16 that it would be covered or wouldn't be 17 allowed? 18 MR. ROGAN: 19 CHIEF JUSTICE ROBERTS: 20 MR. ROGAN: No -- no what, It would be allowed. It would be. It would be? And -- and I 21 think the -- I understand the -- the idea, and 22 I've -- I've -- there are obviously a lot of 23 examples that -- that have been bandied about 24 here -­ 25 JUSTICE ALITO: Yeah, well, this is Heritage Reporting Corporation Official - Subject to Final Review 41 1 the problem. 2 jersey? 3 How about a Colin Kaepernick MR. ROGAN: No, Your Honor, I don't 4 think that that would be under -- under our 5 statute. And I think -­ 6 7 JUSTICE ALITO: Matter"? 8 9 How about "All Lives MR. ROGAN: That could be, Your Honor, that could be -- that could be perceived as 10 political. 11 Honor, there -- there are some hard calls and 12 there are always going to be hard calls. 13 that -- that doesn't mean that the line that 14 we've drawn is -- is unconstitutional or even 15 unreasonable. 16 17 And I -- I think obviously, Your JUSTICE ALITO: (Laughter.) 19 MR. ROGAN: 21 22 23 24 25 How about an "I Miss Bill" shirt? 18 20 And I'm sorry, Your Honor? I didn't -­ JUSTICE ALITO: "I Miss Bill," or to make it bipartisan, a "Reagan/Bush '84" shirt? MR. ROGAN: Yes, Your Honor, I believe that that's political. JUSTICE BREYER: You can do this too, Heritage Reporting Corporation Official - Subject to Final Review 42 1 I guess, with the -- can't you, with the need 2 in state-run hospitals to restrict conversation 3 in certain areas to medical matters, the need 4 in law schools or other schools to restrict 5 conversation in the class to the subject that 6 is being taught, including politics, the need 7 in -- I don't know, you make it up, but I -­ 8 because that's what we're doing, that's what 9 I'm doing, and I can think of many, many 10 instances where thousands, perhaps millions, of 11 people have to have the authority to operate a 12 standard, to restrict the speech to the subject 13 that's at hand. 14 And so, if, in fact, we are trying to 15 have a place where a person has reflective 16 thought for a moment after the hurly-burly of 17 the campaign, this problem will inevitably 18 arise. 19 One way of correcting mistakes is 20 through as-applied challenges after the event. 21 So my question is, how does that work? 22 MR. ROGAN: 23 challenge work, Your Honor? 24 25 How does an as-applied JUSTICE BREYER: Suppose in the examples that you've heard there were mistakes Heritage Reporting Corporation Official - Subject to Final Review 43 1 made. The person who's running it thought that 2 the Rainbow Coalition was an issue in the case 3 because one party wanted to have it and the 4 other party was against it. 5 mistake and kept out the person with the sign 6 or the T-shirt, either of which could have a 7 rainbow on it. 8 9 Suppose he made a Suppose he's mistaken. Is there any remedy in your state? 10 MR. ROGAN: The -- the -- what -- what 11 occurs if there is speech that is pro -­ 12 proscribable is the election judge will ask the 13 person to cover it up. 14 then is, if the person can either cover it up 15 and proceed to vote, and that ends it, or if 16 they proceed to vote, their name will be 17 identified in -- in a -- in an Election Day log 18 indicating that they were wearing political 19 material. 20 And the remedy for that And that in all cases so far has ended 21 the inquiry. There hasn't been any adverse 22 actions. 23 was brought in the administrative hearing 24 process, the penalty is up to a $300 fine, 25 which is a traffic ticket. Ultimately, if somebody was -- a case Heritage Reporting Corporation Official - Subject to Final Review 44 1 CHIEF JUSTICE ROBERTS: How -- but the 2 -- I guess the issue is how do you know if a 3 mistake has been made? 4 makes a judgment and it's challenged, how do 5 you know a mistake's been made? 6 there's -- the question -- the concern, of 7 course, it's what the case could be largely 8 about, is whether or not there are standards 9 that can be applied in a reasonable way. 10 You know, if someone I mean, And it's not a question really of 11 review in an as-applied or other challenge to 12 see if there's been a mistake, unless the 13 courts are going to be in the position of 14 deciding all of those -- those questions. 15 MR. ROGAN: Your Honor, I think the 16 history of Minnesota's statute shows that we 17 have a workable definition. 18 we've had this statute in place and we haven't 19 -- this is the first time that it's been 20 challenged by anybody objecting to an argument 21 that they believe that their speech was not 22 political. 23 For over 100 years And that the -- the speech here is 24 clearly within the heartland of the statute. 25 The "Please ID Me" -­ Heritage Reporting Corporation Official - Subject to Final Review 45 1 JUSTICE KAGAN: Do you know how often, 2 Mr. Rogan, people are asked to cover things up? 3 I mean, do people know about this statute and 4 act accordingly, or do you often find, is it, 5 you know, every other voter is wearing 6 something? 7 between? 8 9 What -- what -- or something in MR. ROGAN: It is -- it is for the most part complied with, that Minnesotans 10 understand that they're not allowed to wear 11 political or campaign material at the polling 12 stations. 13 JUSTICE BREYER: So let's continue on 14 this because I -- I'm finding it useful. 15 sounded to me from your response, both to the 16 Chief Justice and to me, that there are two 17 people who make the decision as to whether it 18 is or is not political. 19 official, and the other is the person carrying 20 the sign or wearing the T-shirt. 21 It One is the election Now both make that decision because, 22 if the second decides that the first is wrong, 23 he simply goes in and continues to carry it. 24 Then his name appears in a book, all right? 25 he does not want his name in a book, is there Heritage Reporting Corporation If Official - Subject to Final Review 46 1 any action he could bring in order to remove 2 his name from the book on the ground that it 3 wasn't political? 4 MR. ROGAN: There -- there isn't any 5 -- any statute in Minnesota that allows 6 somebody to change an official record of what 7 happened. 8 lawsuit. 9 judgment action to see it -­ 10 But that person could bring a They could bring a declaratory JUSTICE BREYER: They bring an APA 11 action or, you know, that -- saying that this 12 was unreasonable and improper listed. 13 14 MR. ROGAN: Certainly. 15 16 Certainly, Your Honor. JUSTICE BREYER: So they could get a judge to do it, you think? 17 MR. ROGAN: Yes. 18 JUSTICE BREYER: But it's never 19 happened because it's never been a problem. 20 that the answer? 21 22 MR. ROGAN: Yes, that's -- that's the answer. 23 JUSTICE BREYER: 24 JUSTICE ALITO: 25 Is Okay. I mean, people go to vote after work, before work, in the middle of Heritage Reporting Corporation Official - Subject to Final Review 47 1 doing chores for the day, taking kids to 2 school. 3 and is wearing a shirt, doesn't say anything 4 about a candidate or a ballot issue, but a 5 particular election judge, one of these people 6 picked by one of the two parties, says, oh, 7 that's political, you -- so now this person has 8 a choice. 9 So somebody goes to the polling place The person can wear a bathrobe or some 10 kind of coverup to go in and vote. 11 that's not kind of humiliating? 12 can be listed as a bad Minnesotan and, at some 13 point down the road, potentially fined $300, 14 found to have committed a petty offense. 15 MR. ROGAN: 16 JUSTICE ALITO: 17 18 You think Or the person Your Honor -­ That's the situation, right? MR. ROGAN: Your Honor, the -- if -­ 19 if the individual wore in a campaign shirt or a 20 political shirt, they would be asked to cover 21 it up or, if it was a button, to remove it. 22 And there is no evidence in Minnesota, and 23 certainly in the record, and no evidence at all 24 that we -- that this has been a problem, that 25 we've had people show up and say, I don't have Heritage Reporting Corporation Official - Subject to Final Review 48 1 any other way to -- to move forward except to 2 -- to -­ 3 JUSTICE GORSUCH: Is there -- is there 4 any evidence -- usually, in First Amendment 5 cases, we're concerned about overbreadth 6 because of the chilling effect that's often 7 undocumented. 8 state to justify a compelling interest rather 9 than the other way around. 10 And the burden is usually on the And so I guess my question for you is 11 it sounds like Minnesota's law is a bit of an 12 outlier compared to most of the country's. 13 There may be nine states or so with -- with a 14 statute that goes this far. 15 documented need for a statute to go this far as 16 opposed to what happens in most other states, 17 which is limited to electioneering? 18 MR. ROGAN: Is there any Your Honor, I think the 19 premise of your question is -- is -- is 20 Minnesota's use of the word "political." 21 there are 11 states that use the word 22 "political." 23 JUSTICE GORSUCH: Okay, 11. And Whatever 24 number it is, it's a minority number. And 25 under your interpretation of "political," it Heritage Reporting Corporation Official - Subject to Final Review 49 1 would forbid people from wearing certain 2 portions of the Bill of Rights into a polling 3 place but not other portions of the Bill of 4 Rights. 5 And I guess I'm just wondering what 6 compelling interest Minnesota has identified 7 that requires a statute that goes so much 8 further than the vast majority of states? 9 MR. ROGAN: Your Honor, the -- the -­ 10 the forum analysis would indicate that the 11 burden on the state is only to show 12 reasonableness and that -- that our statute 13 must -­ 14 JUSTICE GORSUCH: 15 have? 16 you point to? What evidence do we 17 What record is there? MR. ROGAN: What facts can Your Honor, it's the 18 history of elections that was sufficient in 19 Burson to show that wearing campaign material 20 would have a detrimental effect on the polling 21 place. 22 JUSTICE GORSUCH: Again, Burson was 23 electioneering, a different statute, and you're 24 asking us to go a step further than Burson. 25 And I'm just wondering what -- what do you Heritage Reporting Corporation Official - Subject to Final Review 50 1 have? 2 than Burson, that's fine; that's an answer. 3 And if the answer is nothing further MR. ROGAN: Your Honor, the -- the 4 evidence that we have is the same as what was 5 in Burson. 6 involve campaign speech. 7 there was clearly understood to be -- by this 8 Court to be campaign material related to 9 buttons and T-shirts worn in the polling place And Burson is a case that did What was involved 10 and within 100 feet of the polling place. 11 All that Minnesota's law does is 12 expand the scope of what is prohibited from 13 campaign speech to additional political speech. 14 JUSTICE GORSUCH: Political speech 15 beyond solicitation for candidates or things on 16 the ballot, right? 17 MR. ROGAN: 18 JUSTICE GORSUCH: 19 MR. ROGAN: Yes -­ Okay. -- beyond expressed 20 advocacy that is -- that would be defined as -­ 21 as campaign speech. 22 the First Amendment issue here, as -- as my 23 friend has described it, is whether or not 24 there is any ability to ban what they call 25 passive speech. And I think that the -­ Heritage Reporting Corporation Official - Subject to Final Review 51 1 The line that they've drawn here is 2 not one about campaign speech or political 3 speech or the way that -- that this Court has 4 described it, which is that there are instances 5 where you can ban any type of speech, including 6 on this Court's plaza, where any speech or any 7 message on a banner, flag, or device is 8 prohibited. 9 Those are the types -- it's clear that 10 this Court has allowed the states to prohibit 11 what they call passive speech, and instead of 12 describing what the category is of speech, 13 whether it's campaign, political, or all 14 speech, their rule is, if it's on a T-shirt, it 15 doesn't matter what it says, that you can wear 16 it in a polling place. 17 And that was squarely rejected in 18 Burson. 19 impacts the integrity of the election by having 20 political or campaign speech and it impacts the 21 decorum and solemnity of the polling place to 22 have that type of speech in the -- in the 23 polling place. 24 25 And it was for the reasons that it JUSTICE KAGAN: Mr. Rogan, could you explain that for me a little bit more? Heritage Reporting Corporation Official - Subject to Final Review 52 1 Because, I mean, there are clearly some places 2 where we think -- you know, the courtroom is a 3 good example, where we don't want anybody to be 4 wearing buttons or wearing shirts of -- of the 5 kind that you're talking about. 6 But why should a polling place be that 7 sort of place? In other words, you talk about 8 the decorum, the solemnity. 9 little bit church-like. Makes it sound a 10 Why is a polling place that? 11 isn't it just the culmination of what is often 12 a rowdy political process? 13 MR. ROGAN: Why So for two reasons, Your 14 Honor. 15 process ends before you get into the polling 16 place so that we can have an election that has 17 integrity, that citizens -- we have to -- what 18 we're doing is we're taking the citizens' 19 decisions about who to vote for and turning it 20 into electoral choices. 21 I think -- I think the rowdy political And for that process to have 22 integrity, the beginning of the process, the 23 act of voting itself, has to have integrity. 24 And the integrity is not just actual integrity 25 that somebody -- that everybody who is entitled Heritage Reporting Corporation Official - Subject to Final Review 53 1 to vote was able to vote. 2 perceived as having integrity. 3 It has to be And one of the problems with allowing 4 campaign or political material into the polling 5 place is it creates a perception problem. 6 example is, if you have two people, one wearing 7 a "Make America Great Again" hat and one not 8 wearing one -- in Minnesota, we have 9 challengers who can challenge the eligibility The 10 of someone to vote. If somebody challenges the 11 "Make America Great Again" voter but not the 12 other voter, the perception is, did they do 13 that because of partisan reasons? 14 the election judge who asks extra questions of 15 the person wearing the "Make America Great 16 Again" hat? 17 of their political message? 18 it -- it impacts that voter, the voter next to 19 them, and everybody in the polling place -­ How about Are they being singled out because 20 JUSTICE ALITO: 21 MR. ROGAN: 22 JUSTICE ALITO: And, ultimately, You -­ -- who now wonders -­ You exacerbate that 23 problem by opening up the possibility of 24 similarly partisan or seemingly partisan 25 applications of your very broad statute. Heritage Reporting Corporation Official - Subject to Final Review 54 1 MR. ROGAN: Your Honor, there is no 2 evidence of any viewpoint discrimination in 3 Minnesota in its 100 years. 4 earlier asked, the -- the way that this process 5 works is that there are at least four poll 6 workers in every single precinct in Minnesota, 7 and when they're busy, there are more. 8 they are from different political parties. 9 And as you had And And so any viewpoint discrimination 10 that -- that -- that could occur is likely to 11 be self-corrected by others in the polling 12 place. 13 whether or not to move forward with any type of 14 -- of prosecution under the Office of 15 Administrative Hearings is actually done either 16 by the chief election judge or by the city 17 clerk. 18 And, ultimately, the decision about JUSTICE ALITO: All right. How is 19 that going to happen? So let's say the -­ 20 there's an election judge who's a Republican 21 and this Republican election judge thinks that 22 a particular shirt has political connotations 23 and says no, you can't go in; you've got to 24 wear -- you've got to cover yourself up or go 25 home and get changed. Okay? Heritage Reporting Corporation Official - Subject to Final Review 55 1 2 And now that person thinks that's unfair. Then what happens? 3 MR. ROGAN: They -­ 4 JUSTICE ALITO: A Democrat -- a 5 Democratic judge intervenes and then you have a 6 -- you have an argument between these two 7 judges? 8 9 MR. ROGAN: Your Honor, what -- what would happen in that instance is -- is either 10 the person would -- would cover it up or there 11 -- or there could be a discussion to say I 12 don't -- this isn't political and I want to 13 talk to the head election judge. 14 would be resolved and it would be resolved by 15 the -­ 16 17 18 JUSTICE ALITO: And then it And who's the head election judge? MR. ROGAN: The head election judge is 19 a judge who's selected by the city clerk 20 because they are -- they -- they have more 21 training and -- and usually they've been an 22 election judge for -- for a long period of time 23 so that they're familiar with all the 24 processes. 25 And I think, you know, one of the Heritage Reporting Corporation Official - Subject to Final Review 56 1 things that -- that -- that I think is 2 important to understand is election judges have 3 discretion to make a lot of different decisions 4 in polling places. 5 same-day registration. 6 about whether or not somebody's qualified, has 7 -- has met their requirements to -- to 8 register. 9 In Minnesota, we have They make decisions We also have challenge voters, when 10 somebody is challenged because for -- are they 11 a felon or are they somehow not eligible to 12 vote, the election judge puts them under oath 13 and asks them questions and makes a 14 determination about whether or not they're 15 eligible to vote. 16 So the idea that -- that making a -- a 17 -- a decision about whether or not something is 18 political or not is well within the 19 understanding of -- of a -- of an election 20 judge in Minnesota. 21 the important issue here is the state's 22 interest is the fundamental right to vote. 23 And I think that the -­ This isn't just prohibiting speech in 24 -- the -- at the DMV or at the post office. 25 This is an election process that is incredibly Heritage Reporting Corporation Official - Subject to Final Review 57 1 important to democracy. 2 important to the electoral branches of 3 government to make sure that it has the 4 integrity that's required so that when 5 individuals are elected, that they have the 6 legitimacy that is required to make sure that 7 citizens believe that they are the rightful 8 decision maker. 9 JUSTICE ALITO: It's incredibly Let me ask you about 10 one of the interests that you assert in your 11 brief. And this is on page 46 of your brief. 12 "A voter could well feel confused or 13 intimidated if she walked into a polling place 14 and discovered that every other voter held the 15 opposite point of view, on any number of 16 controversial political issues related to 17 electoral choices, as evidenced by the 18 political messages displayed on other voters' 19 apparel." 20 Do you think that's a compelling state 21 interest? 22 legitimate state interest? 23 Do you think that's even a MR. ROGAN: Yes, Your Honor. I think 24 it's -- I think it's a legitimate state 25 interest in a polling place to prohibit Heritage Reporting Corporation Official - Subject to Final Review 58 1 material that is going to make one voter feel 2 singled out, that -- that they could feel that 3 they are not welcome in that polling place 4 because they don't hold the same political 5 views as everybody else. 6 And ultimately it could lead to the 7 type of subtle intimidation that Burson found 8 could be -- could be found just by wearing a 9 vote for, pick your candidate. 10 The -- the interests of making sure 11 that the polling place doesn't have political 12 material is the exact same interest that this 13 Court found was sufficient to prohibit campaign 14 material. 15 And I think to -- to go back to the -­ 16 the question of line drawing, line drawing 17 happens every single time when there is a 18 content-based restriction. 19 And the fact that there are hard calls 20 at the edges of the line, at the margin, 21 doesn't mean that the line that was drawn is 22 unreasonable. 23 are hard cases. 24 hard cases. 25 All that it means is that there And there always going to be And ultimately that's what as-applied Heritage Reporting Corporation Official - Subject to Final Review 59 1 challenges are for. 2 that's -­ 3 And here the material JUSTICE ALITO: Well, how would an 4 as-applied challenge work on -- on Election 5 Day? 6 challenge when somebody goes to vote. 7 You're not going to have an as-applied MR. ROGAN: Your Honor, the -- the 8 as-applied challenge could happen the way it 9 happened in this case, where somebody brings a 10 lawsuit, but -- but in the -- in the case where 11 somebody wears material, they either -- they -­ 12 they can continue to wear it as -- as the 13 Petitioners did here, and then go into an 14 administrative process and say it's not 15 political; I -- I have a right to wear this. 16 So there is -- there is an easy way 17 for somebody who believes that the material 18 that they're wearing is not political to have 19 an administrative review of that, if they 20 believe that the -- that the election judges 21 are acting inappropriately. 22 CHIEF JUSTICE ROBERTS: That suggests 23 to me that your interests might not be terribly 24 strong if someone's about to break the law and 25 you say, okay, go ahead, but, you know, we're Heritage Reporting Corporation Official - Subject to Final Review 60 1 going to write your name down and, you know, 2 you might -- in other words, your interests -­ 3 you've emphasized several times that the lack 4 of, you know, nothing terribly bad happens to 5 you when you do this. 6 7 And that suggests to me that it's not that strong an interest. 8 MR. ROGAN: Your Honor -­ 9 CHIEF JUSTICE ROBERTS: Aren't you 10 worried -- if you are not worried about 11 intimidation, why do you let somebody go in 12 with a button that violates your -- your 13 policy, or why is the only thing you do is 14 write his name down? 15 MR. ROGAN: Your Honor, the 16 enforcement of the statute is done primarily by 17 election judges telling people to cover up the 18 material. 19 Minnesota to deal with the problem. 20 100 years of elections in Minnesota. 21 22 And that has been sufficient in JUSTICE KENNEDY: Are those election officials inside the room? 23 MR. ROGAN: 24 JUSTICE KENNEDY: 25 We have Yes, Your Honor. In other words, there's the voting booth and the table where Heritage Reporting Corporation Official - Subject to Final Review 61 1 you give your registration, and so do other 2 voters see this going on, they see the shirt 3 and they hear the argument, or is that in some 4 different room? 5 6 MR. ROGAN: -- it happens right in the same room. 7 8 No, Your Honor, it happens JUSTICE KENNEDY: Well, it seems to me that's disruptive than wearing the shirt. 9 MR. ROGAN: Your Honor, Minnesota 10 hasn't found it to be disruptive, that it's -­ 11 that it's a quick conversation, and it -­ 12 JUSTICE KENNEDY: Well, we're -- we're 13 -- we're trying to understand how this thing 14 works. 15 MR. ROGAN: Certainly, Your Honor. 16 JUSTICE KENNEDY: And we just said 17 that -- you say a quick conversation and then 18 the other judge comes over, then the 19 intervening judge. That has got to take at 20 least ten minutes. And so I'm sitting there 21 waiting in line for my vote, and I hear all of 22 this stuff? 23 MR. ROGAN: Your Honor, if -- if there 24 was -- if there was such a discussion as that, 25 what would happen is it would -- they would Heritage Reporting Corporation Official - Subject to Final Review 62 1 take it to a different -- a different area to 2 talk about it. 3 JUSTICE KAGAN: Mr. Rogan, I assume 4 that the real work of this statute is being 5 done by the fact that people know about it and 6 so people just don't wear these things for the 7 most part. 8 cases where people don't know about it or maybe 9 they want to challenge it, but those are going 10 to be few and far between, and -- and the real 11 work is that people just approach the polling 12 place in a different kind of way. 13 And you're always going to have MR. ROGAN: That's correct, Your 14 Honor. 15 exactly what happens. 16 it so that the voting process is one that 17 Minnesotans can be proud of. We often lead the 18 nation in electoral turnout. We have elections 19 that have a high degree of integrity. 20 had multiple state-wide recounts that have not 21 had any issues regarding whether or not 22 somebody was -- whether or not political 23 material was -- was in the polling place. 24 This statute has worked. 25 And -- and in Minnesota that -- that is And it's -- and it makes well for more than 100 years. We've It's worked And the -- the Heritage Reporting Corporation Official - Subject to Final Review 63 1 -- the rule that is laid out makes it clear 2 that it's only political material that is going 3 to be something that is advocating for 4 electoral choices, because it -­ 5 JUSTICE ALITO: Suppose a group of 6 people want to make a statement about a 7 political issue, not a political candidate, but 8 a political issue, and they say we're going to 9 do that by wearing all white on Election Day 10 when we go to the polls. 11 Would that be allowed? 12 MR. ROGAN: Under the statute, yes. 13 It's not a political badge, button or insignia. 14 That -- that it has to be -­ 15 16 JUSTICE ALITO: That doesn't express a view on a political issue? 17 MR. ROGAN: It -- under -- it -- it 18 might -- it might express a view on a political 19 issue but it's not a political badge, button or 20 insignia. 21 distinguishing mark. 22 symbols or -- or letters associated with it. 23 So an article of clothing by itself in general 24 is not going to -- to be sufficient to be a 25 political -- or to -- to be something that An insignia is a -- is a It would have to have Heritage Reporting Corporation Official - Subject to Final Review 64 1 would be, under the statute, understood as a 2 political badge, button or insignia. 3 4 JUSTICE ALITO: So if a shirt has "#metoo" that would be allowed or not allowed? 5 MR. ROGAN: Your Honor, that would be 6 -- that -- that would be an insignia. 7 that was an issue in the -- in -- in -- in 8 elections in that polling place, that would be 9 political. 10 JUSTICE ALITO: 11 JUSTICE GINSBURG: 12 15 16 17 So if people -­ How do we determine if it's an issue? 13 14 And if MR. ROGAN: I'm sorry, Your Honor, I didn't -­ JUSTICE GINSBURG: How do we know if it's an issue? MR. ROGAN: We know it from -- from 18 the campaigns that have -- that have occurred, 19 that this is not done in a vacuum. 20 done on Election Day by election judges who are 21 in that community, who are aware of what the 22 political issues are, and what the political 23 candidates are. 24 25 This is This -- this statute's limited in the same way that campaign speech is limited. Heritage Reporting Corporation It's Official - Subject to Final Review 65 1 limited by those individuals who are on the 2 ballot, and it -- and the issues that -- that 3 they've brought up. 4 For example, the -- the -­ 5 JUSTICE ALITO: So if the group said, 6 well, okay, we're not going to be able to wear 7 our "Me Too" shirt but we're going to convey 8 the same message by wearing all white, that 9 would be okay? 10 MR. ROGAN: Your Honor, that, under 11 our statute, I don't believe that would be a 12 political insignia. 13 14 CHIEF JUSTICE ROBERTS: counsel. 15 16 Thank you, JUSTICE KAGAN: Maybe you should make it broader. 17 (Laughter.) 18 MR. ROGAN: May I, Your Honor? Your 19 Honor, I think constitutionally we could. I 20 think that that's exactly what the -- the plaza 21 rule for this Court is, is that you can make it 22 broader. 23 it broader than the -- the line that 24 Minnesota's drawn. 25 have drawn. In a non-public forum, you can make It's just the line that we Heritage Reporting Corporation Official - Subject to Final Review 66 1 2 3 4 5 6 7 CHIEF JUSTICE ROBERTS: Thank you, counsel. Mr. Breemer, you have four minutes remaining. REBUTTAL ARGUMENT OF J. DAVID BREEMER ON BEHALF OF THE PETITIONERS MR. BREEMER: The statute does affect 8 millions of people that go to the polls in 9 Minnesota, at polling places, absentee ballot 10 locations throughout the state for 46 days 11 prior to the election, and so what you just 12 heard, I believe, is that there'S going to be 13 an effect of chilling all this legitimate 14 speech, Me Too, Resist, Black Lives Matter, 15 American Legion, Americans For Tax Reform, and 16 the list goes on. 17 And -­ 18 JUSTICE GINSBURG: But we were just 19 told by Respondent that it has to be connected 20 to an electoral choice in that election. 21 MR. BREEMER: Yes, Your Honor. And -­ 22 and that's what they're saying now, but 23 throughout this litigation the lower courts 24 view this as going towards all political views. 25 Their position for seven years has been it Heritage Reporting Corporation Official - Subject to Final Review 67 1 covers all political views. 2 said that here as well. 3 policy and both the statute are clear that it 4 covers everything political. 5 And I believe they And the Election Day There is no qualification on the term 6 "political." 7 with this, would result in endless series of 8 adjudications, either in the polling place 9 itself or in courts later on. 10 As-applied challenges, to deal And in the meantime legitimate 11 protected speech and self-expression like the 12 Second Amendment on a shirt would be chilled. 13 And that's the purpose of the overbreadth 14 doctrine. 15 JUSTICE SOTOMAYOR: Do you have any 16 proof? 17 process delayed him five hours. 18 you institute there's going to be an 19 aberration. 20 You have one person who says that this Any process Your adversary says that most of the 21 time this goes by very quickly. Most of the 22 time the election judge or whomever tells the 23 wearer to please cover up your button or take 24 it off, and people do that. 25 the aberration or do we rule for the norm? So do we rule for Heritage Reporting Corporation Official - Subject to Final Review 68 1 MR. BREEMER: I think you have to look 2 at the evidence in the record, Your Honor. 3 this is the evidence we have on enforcement. 4 We have two people that were told they either 5 had to remove their clothing or have their name 6 and address taken down for potential 7 prosecution in order to vote. 8 9 We also have a number of other people after the 2010 election that didn't even try to 10 wear apparel because they were afraid of 11 enforcement. 12 page 117. 13 And That's at the joint appendix at JUSTICE SOTOMAYOR: I'm sorry. Let's 14 not forget who these people were and what they 15 were wearing, "Please ID me," which for some 16 people was a highly charged political message, 17 which was found, on remand, was intended to 18 intimidate people to leave the polling booth -­ 19 other people to leave the polling booth. 20 MR. BREEMER: That's true. So -­ And there 21 are -- and there are concerns there. 22 that's -- and -- and it's not before the Court, 23 but it wasn't just buttons. 24 JUSTICE SOTOMAYOR: 25 MR. BREEMER: And But -- but -­ It wasn't just the Heritage Reporting Corporation Official - Subject to Final Review 69 1 buttons, Your Honor. 2 JUSTICE SOTOMAYOR: How many 3 incidences involving the examples that Justice 4 Alito raised have been reported, of people -­ 5 in Minnesota, of people wearing a button like 6 an organizational -- Chamber of Commerce? 7 MR. BREEMER: We don't -- we don't 8 have record evidence of a button that would say 9 that, but we do have record evidence of slogans 10 like "Don't tread on me," "Liberty," that type 11 of thing, with the Tea Party. 12 the Election Day policy, which the state says 13 we are going to enforce this -­ 14 JUSTICE BREYER: And we also have Right. Is that -- is 15 that enough? 16 First Amendment. 17 of expression, of communication, of petition. 18 It's a process. 19 allows ideas to flourish and get arguments back 20 and forth, part of a process, I think, should 21 be. 22 thought and reflection. 23 I mean, the -- read the whole You have freedom of thought, And part of a process that And the founders meant it to be some And so here they've said the last 24 moment in a world where we know how much 25 argument there is in an election. It starts 19 Heritage Reporting Corporation Official - Subject to Final Review 70 1 years before and ends up in every conceivable 2 place. 3 this decision is going to be made and say to 4 the person making it: 5 work. We want to carve out 100 feet where Think. It won't always Maybe it hardly ever works. 6 But they're trying. And they're 7 saying, of course, there will be some problems. 8 So there have been none or virtually none in 9 Minnesota for 100 years? 10 My -- you see my question? 11 MR. BREEMER: Yes, Your Honor. And 12 there -- an there are legitimate interests in 13 the polling place and in the right to vote. 14 one questions that. 15 statute just goes too far. 16 No The problem here is this The appropriate result in this case is 17 to invalidate the third sentence of the 18 statute, give the Minnesota legislature another 19 chance to draw up -- draw up a more narrowly 20 drawn statute, if it wants to continue to have 21 an apparel ban. 22 23 24 25 CHIEF JUSTICE ROBERTS: counsel. Thank you, The case is submitted. (Whereupon, at 11:06 a.m., the case in the above-entitled matter was submitted.) Heritage Reporting Corporation 71 Official - Subject to Final Review � # #metoo [1] 64:4 $ $300 [2] 43:24 47:13 1 10:04 [2] 1:14 3:2 100 [8] 34:10 44:17 50:10 54:3 60: 20 62:25 70:2,9 11 [2] 48:21,23 11:06 [1] 70:24 117 [1] 68:12 16-1435 [1] 3:4 1800s [1] 33:24 19 [1] 69:25 2 2 [1] 9:17 20 [1] 16:7 2010 [1] 68:9 2016 [1] 36:19 2018 [1] 1:10 204C.035 [1] 16:10 204C.06 [2] 9:17 26:6 211B.07 [2] 9:9 16:7 28 [1] 1:10 3 3 31 [1] 2:7 [1] 2:4 4 46 [2] 57:11 66:10 6 66 [1] 2:10 8 84 [1] 41:22 A a.m 3:2 70:24 aberration [2] 67:19,25 ability [1] 50:24 able [6] 10:16 17:11 20:20,20 53:1 [3] 1:14 65:6 above-entitled [2] 1:12 70:25 absentee [1] 66:9 accept [1] 17:2 accommodate [1] 17:16 accordingly [1] 45:4 ACLU [1] 35:13 act [4] 8:21 22:21 45:4 52:23 act/omission [1] 8:18 acting [1] 59:21 action [3] 46:1,9,11 actions [1] 43:22 active [4] 8:2,18,25 10:22 activity [1] 22:22 actual [1] 52:24 actually [1] 54:15 addition [1] 21:6 additional [2] 13:4 50:13 address [2] 30:1 68:6 addressed [5] 9:14,17 16:11 26:6, apply [3] 22:18 26:22 31:7 adjudications [1] 67:8 approach [1] 62:11 administrative [4] 43:23 54:15 59: appropriate [2] 17:12 70:16 14,19 arbitrary [2] 37:5,5 advancing [1] 32:8 area [1] 62:1 adversary [2] 14:17 67:20 areas [1] 42:3 adverse [1] 43:21 aren't [2] 9:14 60:9 advocacy [13] 6:9,11 11:22 18:9, arguably [1] 13:22 14 19:9 20:8,22 24:25 27:7,23 31: arguing [1] 34:8 8 50:20 argument [14] 1:13 2:2,5,8 3:4,7 16:22 17:21 31:19 44:20 55:6 61: advocating [2] 33:1 63:3 3 66:5 69:25 affect [1] 66:7 AFL-CIO [3] 3:15 14:1 37:11 arguments [2] 13:4 69:19 afraid [1] 68:10 arise [1] 42:18 agree [4] 6:13 17:16 18:8 25:22 Army [1] 23:5 ahead [1] 59:25 around [3] 4:18 8:7 48:9 airport [3] 19:25 20:1 23:25 article [1] 63:23 AL [2] 1:3,6 as-applied [16] 4:20,21,25 5:2 21: 14 26:16,18,25 42:20,22 44:11 58: ALITO [42] 12:18 13:17 23:15 27: between [8] 9:21 26:17 27:4,5,7 45:7 55:6 62:10 beyond [4] 12:2 32:17 50:15,19 big [1] 25:17 Bill [4] 41:17,21 49:2,3 bipartisan [1] 41:22 bit [6] 16:21 32:17 34:14 48:11 51: 25 52:9 bitter [1] 10:14 Black [1] 66:14 bleed [1] 19:5 blunt [2] 15:13 24:14 bombarded [1] 10:19 book [3] 45:24,25 46:2 books [1] 16:3 booth [4] 19:12 60:25 68:18,19 both [4] 6:25 45:15,21 67:3 bothered [1] 10:5 box [1] 17:12 25 59:4,5,8 67:6 18 28:1,10 29:2,8,17 30:12,14,20 branches [1] 57:2 36:8 38:2,17,24 39:4,7,12,17,23 asks [2] 53:14 56:13 brawls [1] 28:3 40:4,9,25 41:6,16,21 46:24 47:16 assert [1] 57:10 break [1] 59:24 53:20,22 54:18 55:4,16 57:9 59:3 associated [1] 63:22 BREEMER [86] 1:17 2:3,9 3:6,7,9 63:5,15 64:3,10 65:5 69:4 4:5,10 5:1,12,17,24 6:4,23 7:1,8, association [3] 5:10 16:16 18:2 11,17,21,24 8:9,15,16 9:3,16 10:1 Alito's [1] 17:2 associations [2] 4:12 6:13 11:4,15,19 12:1,6,13 13:5,13,21 ALLIANCE [2] 1:3 3:5 assume [1] 62:3 14:6,13,19,23 15:1,7 16:1,21 17:7, allow [1] 17:14 assuming [1] 6:9 24 18:17,22 19:2,17,23 20:1,9 21: allowed [12] 27:12 39:2,15,15,21 attempted [1] 31:5 9,20 22:1,15,23 23:2,7,18 24:5,11, 40:17,18 45:10 51:10 63:11 64:4, attenuated [2] 15:2,6 17 26:4,14,20,23 27:20 28:6,13 4 attire [2] 12:21 29:19 29:6,10,22 30:5,13,17 31:2 66:3,5, allowing [2] 17:21 53:3 authority [1] 42:11 7,21 68:1,20,25 69:7 70:11 allows [3] 33:19 46:5 69:19 available [2] 17:9 20:23 almost [1] 31:12 aware [1] 64:21 BREYER [8] 41:25 42:24 45:13 46: 10,15,18,23 69:14 already [11] 3:14 6:7 7:3 9:5,7 11: B 8,11 16:3,11 21:3 27:12 brief [2] 57:11,11 [5] Amendment [16] 5:6,7,8 10:8 13: back 4:20,22 22:9 58:15 69:19 bright [1] 21:11 bad [2] 47:12 60:4 2 19:18 20:18 22:16 31:25 40:5, bright-line [1] 21:9 badge [3] 63:13,19 64:2 10,13 48:4 50:22 67:12 69:16 bring [4] 46:1,7,8,10 ballot [14] 6:25 12:23 14:5,25 15: Amendment-free [2] 20:13,17 brings [1] 59:9 10,19 16:17 18:19 36:24 38:22 47: broad [3] 23:13,23 53:25 America [4] 18:25 53:7,11,15 4 50:16 65:2 66:9 American [1] 66:15 broader [3] 65:16,22,23 [7] 6:9 14:11 20:21 23:16 50: ban [1] Americans 66:15 broadly [2] 31:7,12 24 51:5 70:21 amount [2] 3:18 11:9 brought [2] 43:23 65:3 bandied [1] 40:23 analysis [2] 17:6 49:10 burden [2] 48:7 49:11 banned [3] 3:18 23:11 25:6 another [2] 10:19 70:18 Burson [14] 7:16,19,24 24:9 33:25 [1] 34:16 49:19,22,24 50:2,5,5 51:18 answer [9] 20:14 23:21 30:18 37: banner 51:7 banning [1] 16:15 58:7 14 39:13 46:20,22 50:1,2 bans [2] 3:11 7:3 answered [2] 11:10,11 busy [1] 54:7 base [1] 23:4 anti-deception [1] 16:2 button [17] 8:21,23 14:10,11 15:20, based [2] 33:12 38:9 [1] 25 16:6 22:3 26:2 47:21 60:12 63: anti-fraud 16:3 [2] 13,19 64:2 67:23 69:5,8 anti-intimidation [3] 9:8 16:8 25: basically 7:19 12:9 basis [3] 17:22 21:14 26:16 12 buttons [8] 6:22 12:12,21 25:20 bathrobe [1] 47:9 50:9 52:4 68:23 69:1 anybody [2] 44:20 52:3 beginning [1] 52:22 APA [1] 46:10 C behalf [8] 1:18,20 2:4,7,10 3:8 31: apparel [19] 3:12 8:1,2 10:24 11: [1] 20 66:6 California 1:17 22,23 12:12 13:22 15:9 24:22 28: [1] call [9] 5:25 6:14 11:20 19:4,13 22: 17,18 29:25 30:11 32:11 33:14 57: behavior 27:11 [1] 36:11 6 30:6 50:24 51:11 beholder 19 68:10 70:21 beliefs [2] 16:19 24:23 called [1] 34:17 appealed [1] 5:3 believe [12] 10:7 14:14 25:5 27:20 calls [3] 41:11,12 58:19 APPEARANCES [1] 1:16 37:25 41:23 44:21 57:7 59:20 65: came [2] 1:12 31:5 [1] appears 45:24 11 66:12 67:1 campaign [24] 8:1 10:15,19 11:3, appendix [1] 68:11 [1] 59:17 22 34:18,22 35:5,16 37:22 42:17 believes applications [2] 3:20 53:25 [1] 39:7 45:11 47:19 49:19 50:6,8,13,21 bet [1] applied 44:9 25 Heritage Reporting Corporation Sheet 1 #metoo - campaign 72 Official - Subject to Final Review � 51:2,13,20 53:4 58:13 64:25 campaigning [1] 8:3 campaigns [3] 33:6 37:1 64:18 candidate [8] 12:22 18:19 21:7 35: 11 39:7 47:4 58:9 63:7 candidate's [1] 18:16 candidates [8] 12:24 16:18 33:19 34:9,9,13 50:15 64:23 cannot [4] 5:16 12:11 13:19 25:5 carry [1] 45:23 carrying [1] 45:19 carve [1] 70:2 Case [22] 3:4 4:17 6:1 7:5 12:19 13:3 15:18 19:21 26:14 28:2 31:5, 11 35:10 43:2,22 44:7 50:5 59:9, 10 70:16,23,24 case-by-case [1] 17:22 cases [6] 24:1 43:20 48:5 58:23, 24 62:8 cast [2] 10:16 11:1 category [1] 51:12 caused [2] 28:8,16 causes [1] 33:8 certain [3] 20:21 42:3 49:1 Certainly [7] 33:7 34:7,15 46:13, 14 47:23 61:15 challenge [13] 4:19,24,25 5:2 26: 25 42:23 44:11 53:9 56:9 59:4,6,8 62:9 challenged [5] 15:21,24 44:4,20 56:10 challengers [1] 53:9 challenges [4] 42:20 53:10 59:1 67:6 Chamber [3] 3:15 14:1 69:6 chance [1] 70:19 change [1] 46:6 changed [1] 54:25 changing [1] 21:24 charged [1] 68:16 CHIEF [23] 3:3,9 9:12,20 10:10 12: 8 25:15 26:9 31:16,21 32:16 33:4 34:2 40:15,19 44:1 45:16 54:16 59:22 60:9 65:13 66:1 70:22 chilled [5] 18:1,4,5,6 67:12 chilling [2] 48:6 66:13 choice [2] 47:8 66:20 choices [8] 33:1 35:21,24 37:16 39:11 52:20 57:17 63:4 chores [1] 47:1 chose [1] 15:21 chosen [1] 30:23 church-like [1] 52:9 Circuit [3] 4:19,22 37:9 circumstances [2] 16:5 26:16 citation [1] 19:22 cite [1] 19:21 citizens [2] 52:17 57:7 citizens' [1] 52:18 city [2] 54:16 55:19 civic [1] 10:18 claiming [2] 8:12 9:6 claims [1] 5:2 clarify [1] 4:16 class [3] 3:13 20:21 42:5 23 24:6 62:13 classes [1] 25:11 correcting [1] 42:19 clear [6] 16:22 35:10 40:2 51:9 63: couldn't [1] 20:22 1 67:3 counsel [4] 31:17 65:14 66:2 70: 23 clearly [4] 38:14 44:24 50:7 52:1 clerk [2] 54:17 55:19 countless [2] 3:17 4:13 Clinton [1] 5:13 country's [1] 48:12 close [3] 5:25 6:6 20:16 course [2] 44:7 70:7 clothes [2] 28:20 30:1 COURT [22] 1:1,13 3:10 4:21 5:4 6: 1,14 17:18 23:9,12,19,22 24:2 31: clothing [3] 7:13 63:23 68:5 22 32:4 33:25 50:8 51:3,10 58:13 co-counsel [1] 30:19 65:21 68:22 Coalition [1] 43:2 Cohen [1] 24:1 Court's [1] 51:6 Colin [1] 41:1 courtroom [1] 52:2 come [7] 11:25 12:4 16:5 26:5,17 courts [3] 44:13 66:23 67:9 34:25 35:24 cover [9] 11:18 43:13,14 45:2 47: 20 54:24 55:10 60:17 67:23 comes [4] 21:13 34:5 36:1 61:18 Commerce [2] 3:16 69:6 coverage [1] 11:18 committed [1] 47:14 covered [6] 11:8,9,11 15:17 26:12 40:16 communication [1] 69:17 community [1] 64:21 covers [2] 67:1,4 compared [1] 48:12 coverup [1] 47:10 compelling [3] 48:8 49:6 57:20 create [2] 20:12 22:19 completely [1] 7:23 creates [1] 53:5 complied [1] 45:9 cross [3] 27:3,4,7 comply [1] 33:20 crosses [1] 26:17 components [1] 37:15 crossing [1] 27:2 conceivable [1] 70:1 culmination [1] 52:11 concepts [1] 8:20 D concern [2] 25:16 44:6 [1] D.C 1:9 concerned [2] 17:18 48:5 DANIEL [3] 1:19 2:6 31:19 concerns [1] 68:21 DAVID [5] 1:17 2:3,9 3:7 66:5 conclude [1] 13:22 day [14] 25:1 31:4 34:24 36:3,3,12 conduct [8] 8:4 9:18,22 26:8,11, 20 27:4,5 confirmed confront [1] 28:18 confused [1] 57:12 confusion [1] 32:15 Congress [1] 14:1 conjunction [1] 8:3 connected [1] 66:19 connection [3] 14:14 15:2 24:19 connotations [5] 36:9,10,18 37:3 [1] 31:11 54:22 consistent [1] 13:2 constitutional [1] 7:7 constitutionally [7] 5:21 11:21 18:23 19:3 32:9 33:9 65:19 contains [1] 12:22 content-based [1] 58:18 continue [5] 17:15 18:6 45:13 59: 12 70:20 continued [1] 23:20 continues [3] 22:17,17 45:23 control [2] 39:5,8 controversial [1] 57:16 conventional [6] 3:12 15:12 18:1, 11 23:10,19 conversation [4] 42:2,5 61:11,17 convey [2] 10:24 65:7 coordination [1] 25:16 core [1] 20:18 Correct [7] 7:1 14:19 21:24 22:4, 37:21 43:17 47:1 59:5 63:9 64:20 67:2 69:12 days [1] 66:10 deal [7] 7:25 16:6 21:14 27:9,22 60:19 67:6 dealing [2] 4:23,24 dealt [2] 8:2 26:15 decide [3] 6:15 10:25 37:2 decides [1] 45:22 deciding [2] 37:24 44:14 decision [12] 12:5 23:9 29:21,24 30:7,8 45:17,21 54:12 56:17 57:8 70:3 decisions [3] 52:19 56:3,5 declaratory [1] 46:8 decorum [13] 9:13,23,24 12:10 17: 19 27:15 32:13,22 34:5,17 35:2 51:21 52:8 Defends [1] 35:13 defined [1] 50:20 definition [4] 35:17 36:2,4 44:17 degree [1] 62:19 delayed [1] 67:17 delivered [1] 35:20 democracy [1] 57:1 Democrat [1] 55:4 Democratic [1] 55:5 deny [1] 24:12 described [2] 50:23 51:4 describes [1] 36:6 describing [2] 38:11 51:12 designed [1] 33:16 determination [4] 10:12 17:22 36: 16 56:14 determinations [1] 29:4 determine [1] 64:11 detrimental [1] 49:20 device [1] 51:7 difference [2] 9:21 13:20 different [9] 12:19 34:13 49:23 54: 8 56:3 61:4 62:1,1,12 difficult [2] 17:8,20 dignity [3] 9:14 12:10 17:18 Directly [2] 7:22 18:19 disagree [1] 30:3 discovered [1] 57:14 discretion [1] 56:3 discretionary [1] 19:7 discrimination [2] 54:2,9 discuss [1] 34:3 discussed [1] 33:11 discussing [1] 27:24 discussion [2] 55:11 61:24 dismissed [1] 4:21 disorderly [4] 9:18,22 26:7,11 display [2] 10:20 14:18 displayed [1] 57:18 disruption [7] 28:7,16,22 30:10 34:5 35:7,7 disruptive [3] 8:12 61:8,10 distinction [1] 8:19 distinguishing [1] 63:21 District [1] 4:20 disturbances [1] 28:4 DMV [1] 56:24 doctrine [4] 5:6,7,8 67:14 documented [1] 48:15 doing [7] 21:1 26:2,3 42:8,9 47:1 52:18 done [5] 54:15 60:16 62:5 64:19, 20 doom [1] 13:3 door [1] 19:19 down [4] 47:13 60:1,14 68:6 Drang [1] 11:3 draw [11] 8:8 13:6 17:3,13 18:9 22: 7,11 24:2 27:6 70:19,19 [6] 8:6 17:13 22:6 39:10 58:16,16 drawn [11] 4:2,4,9 13:7 35:16 41: 14 51:1 58:21 65:24,25 70:20 drew [1] 18:13 drawing E earlier [1] 54:4 easy [1] 59:16 edges [1] 58:20 effect [4] 32:21 48:6 49:20 66:13 effort [2] 31:10,11 Eighth [3] 4:18,22 37:9 either [11] 27:8 28:7 29:25 33:20 43:6,14 54:15 55:9 59:11 67:8 68: 4 elected [1] 57:5 Heritage Reporting Corporation Sheet 2 campaign - elected 73 Official - Subject to Final Review � election [51] 3:14 12:25 16:11 19: 12,13 25:1 29:4 30:3,7,15 31:4,5 34:23 36:3,3,7,12 37:21,24 43:12, 17 45:18 47:5 51:19 52:16 53:14 54:16,20,21 55:13,17,18,22 56:2, 12,19,25 59:4,20 60:17,21 63:9 64:20,20 66:11,20 67:2,22 68:9 69:12,25 electioneering [7] 27:6,8,22,23 36:3 48:17 49:23 elections [8] 32:13 36:19,24 38: 10 49:18 60:20 62:18 64:8 electoral [13] 5:13 32:5 33:1 35:21, 24 37:16 39:11 52:20 57:2,17 62: 18 63:4 66:20 eligibility [1] 53:9 eligible [2] 56:11,15 emphasized [1] 60:3 employer [1] 25:18 encompassed [1] 18:14 end [1] 34:23 ended [1] 43:20 endless [1] 67:7 ends [3] 43:15 52:15 70:1 enforce [1] 69:13 enforcement [6] 19:7 37:5,6 60: 16 68:3,11 enough [1] 69:15 ensure [1] 35:2 ensuring [1] 32:5 entirely [1] 20:13 entitled [1] 52:25 ESQ [5] 1:17,19 2:3,6,9 estimate [1] 27:21 ET [2] 1:3,6 evaluate [1] 16:21 even [12] 6:9 14:24 16:16 19:19,19 23:23,24 25:6 39:4 41:14 57:21 68:9 even-handed [1] 37:6 event [2] 18:10 42:20 events [1] 21:15 everybody [3] 52:25 53:19 58:5 everyone [1] 25:3 everything [2] 15:14 67:4 evidence [11] 28:7 47:22,23 48:4 49:14 50:4 54:2 68:2,3 69:8,9 evidenced [1] 57:17 exacerbate [1] 53:22 exact [2] 34:21 58:12 exactly [4] 20:25 33:25 62:15 65: 20 example [4] 38:12 52:3 53:6 65:4 examples [7] 3:17 4:1 37:8,18 40: 23 42:25 69:3 except [2] 28:17 48:1 excuse [2] 3:16 11:15 exercise [1] 34:25 existing [2] 21:15 27:1 expand [1] 50:12 expect [1] 34:8 experience [1] 28:2 explain [1] 51:25 express [3] 25:2 63:15,18 expressed [1] 50:19 gather [1] 4:17 expression [9] 3:12 4:12 5:9 6:10 gave [1] 4:1 16:16,18 18:2 24:18 69:17 gay [1] 38:23 extend [1] 34:19 general [3] 8:1 29:4 63:23 extent [1] 39:6 generalized [4] 4:12 15:9 18:24 19:4 extra [1] 53:14 extrapolate [1] 15:3 gets [1] 20:16 eye [1] 36:10 getting [1] 40:3 GINSBURG [16] 3:22 4:16 11:10, F face [1] 5:5 facial [3] 4:19,24 5:1 fact [5] 27:11 28:24 42:14 58:19 62:5 facts fail [1] 18:10 fails [1] 13:8 faith [1] 17:22 familiar [1] 55:23 far [14] 6:10 10:3 12:2 16:23 27:19 [1] 49:15 28:11,13,14 35:9 43:20 48:14,15 62:10 70:15 feasible [1] 21:11 February [1] 1:10 feel [5] 25:23 33:20 57:12 58:1,2 feet [3] 34:10 50:10 70:2 felon [1] 56:11 few [3] 3:20 38:13 62:10 final [2] 29:21,24 find [1] 45:4 finding [1] 45:14 fine [2] 43:24 50:2 fined [1] 47:13 first [22] 4:18 5:5,7,7,18 6:6 7:2 10: 8 13:2 19:18 20:13,16,18 22:16 31:24 40:9,13 44:19 45:22 48:4 50:22 69:16 fiscal [2] 14:9 15:1 five [1] 67:17 flag [3] 38:18,20 51:7 flashing [1] 8:25 flourish [1] 69:19 forbid [1] 49:1 forever [1] 15:3 forget [1] 68:14 forth [2] 4:3 69:20 forum [5] 20:2 22:10 32:2 49:10 65:22 forums [1] 23:24 forward [3] 34:25 48:1 54:13 found [6] 47:14 58:7,8,13 61:10 68: 17 founders [1] 69:21 four [2] 54:5 66:3 fraud [1] 16:9 free [7] 10:4,5 11:2 17:16,25 21:23 35:14 freedom [1] 69:16 friend [1] 50:23 fundamental [3] 32:3,6 56:22 further [4] 9:24 49:8,24 50:1 future [1] 16:5 G 17 15:16 19:25 20:5 21:5 26:18, 21 30:2 35:8,23 64:11,15 66:18 give [2] 61:1 70:18 given [2] 16:25 17:8 GORSUCH [8] 8:14,17 48:3,23 49: 14,22 50:14,18 got [3] 54:23,24 61:19 government [7] 10:8 14:12 17:10, 15 20:20 32:7 57:3 government's [4] 9:5 13:23 14:2 16:10 Great [4] 18:25 53:7,11,15 Greer [4] 23:8,9,19 24:1 ground [2] 23:17 46:2 grounds [1] 23:5 group [5] 25:17,22 26:3 63:5 65:5 guess [6] 23:21 30:21 42:1 44:2 48:10 49:5 guide [1] 12:4 gun [2] 39:4,8 H hand [1] 42:13 handing [1] 8:7 happen [4] 54:19 55:9 59:8 61:25 happened [3] 46:7,19 59:9 happens [10] 29:20,22 30:4 48:16 55:2 58:17 60:4 61:5,6 62:15 hard [7] 16:21 17:12 41:11,12 58: 19,23,24 hardly [1] 70:5 hat [3] 24:21 53:7,16 head [7] 8:24 30:6,7,15 55:13,16, 18 hear [3] 3:3 61:3,21 heard [2] 42:25 66:12 hearing [1] 43:23 Hearings [1] 54:15 heartland [1] 44:24 held [1] 57:14 high [1] 62:19 highest [1] 32:7 highly [1] 68:16 history [3] 33:23 44:16 49:18 hold [1] 58:4 home [1] 54:25 honestly [1] 6:4 Honor [85] 5:2,24 6:5 7:17 9:4,18 47:15,18 48:18 49:9,17 50:3 52: 14 54:1 55:8 57:23 59:7 60:8,15, 23 61:5,9,15,23 62:14 64:5,13 65: 10,18,19 66:21 68:2 69:1 70:11 hospitals [1] 42:2 hours [1] 67:17 House [1] 36:21 however [1] 10:13 humiliating [1] 47:11 hundreds [1] 36:13 hurly-burly [1] 42:16 hypothetical [2] 7:5 15:18 I ID [6] 15:20,20,25 21:18 44:25 68: 15 idea [4] 34:11 37:7 40:21 56:16 ideas [1] 69:19 identified [3] 26:1 43:17 49:6 identifies [2] 24:20,23 identify [2] 33:18 35:4 images [1] 10:25 impacts [3] 51:19,20 53:18 impermissible [2] 5:23 17:5 important [9] 6:17 10:18 24:10,12 32:8 56:2,21 57:1,2 improper [1] 46:12 inappropriately [1] 59:21 incidences [1] 69:3 including [2] 42:6 51:5 incredibly [2] 56:25 57:1 indicate [1] 49:10 indicating [1] 43:18 indication [1] 40:2 individual [1] 47:19 individuals [2] 57:5 65:1 inevitably [1] 42:17 influence [2] 13:25 24:25 influencing [3] 15:9 36:7 38:9 inquiry [1] 43:21 inscription [1] 32:20 inside [3] 19:12,13 60:22 insignia [6] 63:13,20,20 64:2,6 65: 12 instance [4] 9:8 12:15 20:22 55:9 instances [3] 28:16 42:10 51:4 instead [3] 8:7,24 51:11 institute [1] 67:18 integrity [11] 32:5,12 51:19 52:17, 22,23,24,24 53:2 57:4 62:19 intended [1] 68:17 interest [14] 8:11 12:9 13:24 24:4, 8,8 48:8 49:6 56:22 57:21,22,25 58:12 60:7 interests [20] 9:6,13 11:5 12:17,17 14:3 16:10 17:10,15 24:12,19 25: 8 27:13 32:7,9 57:10 58:10 59:23 60:2 70:12 10:2 11:20 12:6,13 13:5 14:6,13 17:7,25 18:17 19:17,24 20:2,10 interference [4] 9:19,21 26:7,10 21:10,20 22:24 23:8,18 26:4,15 interpretation [1] 48:25 27:20 28:6,14 29:7,23 30:6,17 31: intervenes [1] 55:5 3 32:23 33:8 34:15 35:15 36:1 37: intervening [1] 61:19 13 38:7 39:3,9 40:1,3,6,12,14 41: intimidate [2] 9:25 68:18 3,8,11,19,23 42:23 44:15 46:13 intimidated [1] 57:13 Heritage Reporting Corporation Sheet 3 election - intimidated 74 Official - Subject to Final Review � intimidating [8] 8:13 9:10 21:12, 19 22:6,13 25:10 33:14 intimidation [8] 10:4 28:22 32:15 33:11,17,22 58:7 60:11 invalidate [1] 70:17 invalidated [1] 18:7 invitation [1] 37:4 involve [1] 50:6 involved [1] 50:6 involving [1] 69:3 isn't [6] 6:11 17:21 46:4 52:11 55: 12 56:23 issue [20] 12:23 14:18 15:1,19 18: 19 38:22 39:5,8 43:2 44:2 47:4 50: 22 56:21 63:7,8,16,19 64:7,12,16 issues [10] 14:4 16:17 34:3 37:1,3, 23 57:16 62:21 64:22 65:2 item [1] 17:11 items [1] 16:16 itself [3] 52:23 63:23 67:9 J jersey Jesus [1] 19:23 Jews [1] 19:23 JOE [1] 1:6 joint [1] 68:11 judge [22] 30:3,6,8,15 43:12 46:16 [1] 41:2 47:5 53:14 54:16,20,21 55:5,13, 17,18,19,22 56:12,20 61:18,19 67: 22 Judges [6] 36:23 55:7 56:2 59:20 60:17 64:20 judgment [2] 44:4 46:9 JUSTICE [156] 3:3,9,22,24 4:7,15, 16 5:11,20 6:2,16,21,24 7:4,10,15, 19,22 8:5,14,17 9:12,20 10:10 11: 10,13,17,24 12:3,7,8,18 13:10,15, 17 14:4,8,16,21,24 15:4,15,16 16: 20 17:2,17 18:12,20,25 19:11,20, 25 20:5,5 21:5,17,22 22:5,9,20,25 23:3,15 24:3,7,16 25:15 26:9,18, 21 27:18 28:1,10 29:2,8,17 30:2, 12,14,20 31:16,21 32:16 33:4 34: 2 35:8,23 36:8 38:2,17,24 39:4,7, 12,17,23 40:4,9,15,19,25 41:6,16, 21,25 42:24 44:1 45:1,13,16 46: 10,15,18,23,24 47:16 48:3,23 49: 14,22 50:14,18 51:24 53:20,22 54: 18 55:4,16 57:9 59:3,22 60:9,21, 24 61:7,12,16 62:3 63:5,15 64:3, 10,11,15 65:5,13,15 66:1,18 67:15 68:13,24 69:2,3,14 70:22 justification [2] 13:11,13 justified [1] 3:20 justify [1] 48:8 K Kaepernick [1] 41:1 KAGAN [14] 4:15 5:11,20 6:2 13: 10,15 16:20 18:12,20,25 45:1 51: 24 62:3 65:15 keep [1] 27:14 KENNEDY [21] 3:24 4:7 6:16,21, 24 7:4,10 11:13,24 12:3,7 17:17 19:11,20 20:5 24:16 60:21,24 61: 7,12,16 Kennedy's [1] 22:9 kept [1] 43:5 kids [1] 47:1 kind [8] 8:1 20:7 22:12 27:3 47:10, 11 52:5 62:12 known [1] 38:13 L lack laid [1] 63:1 lapel [1] 33:2 largely [1] 44:7 last [1] 69:23 late [1] 33:24 later [1] 67:9 Laughter [4] 6:20 40:11 41:18 65: [1] 60:3 lot [5] 8:18 24:15,24 40:22 56:3 lower [1] 66:23 M mistakes [2] 42:19,25 misunderstood [1] 20:11 moment [3] 11:2 42:16 69:24 months [2] 10:13 34:23 morning [1] 3:4 most [9] 8:20 11:6 25:6 45:9 48:12, made [6] 30:8 43:1,4 44:3,5 70:3 majority [1] 49:8 maker [1] 57:8 16 62:7 67:20,21 MANSKY [2] 1:6 3:5 move [2] 48:1 54:13 many [9] 10:13 27:18 29:3,13 36:9 Moveon.cor [1] 3:16 37:18 42:9,9 69:2 Moveon.org [2] 3:16 4:3 margin [1] 58:20 much [7] 5:9 6:11 12:15 13:9 15: mark [1] 63:21 12 49:7 69:24 material [42] 3:13,18 6:7,11 8:3,11 multiple [1] 62:20 11:7 12:16 16:15 17:9 18:9,14 19: 10 20:21,22 24:24 25:4,9,10 27: 23 31:7,8,9 34:18,20 35:16,17,18 43:19 45:11 49:19 50:8 53:4 58:1, 12,14 59:1,11,17 60:18 62:23 63: 2 17 materials [2] 13:16,18 law [10] 8:20 12:20 29:20 32:11,12 matter [6] 1:12 14:9 41:7 51:15 66: 34:19 42:4 48:11 50:11 59:24 14 70:25 laws [3] 27:19 28:11 32:8 matters [1] 42:3 lawsuit [2] 46:8 59:10 mean [13] 17:1 18:13 23:3 33:5 34: 7 36:7 41:13 44:5 45:3 46:24 52:1 lead [4] 33:22 35:6 58:6 62:17 58:21 69:15 least [3] 11:2 54:5 61:20 leave [2] 68:18,19 meaning [2] 33:13 38:8 led [1] 33:25 means [4] 15:13 24:13,14 58:22 Legion [1] 66:15 meant [1] 69:21 Legislature [2] 36:22 70:18 meantime [3] 17:25 30:9 67:10 legitimacy [1] 57:6 measure [1] 33:16 legitimate [11] 3:19 11:5 13:24 19: medical [1] 42:3 8 21:2 24:10 57:22,24 66:13 67: member [1] 25:21 10 70:12 members [2] 36:21,21 legitimately [1] 15:24 mention [1] 27:10 lenient [1] 25:6 mentioned [2] 7:1 22:17 letters [1] 63:22 message [9] 21:13 35:6,20 38:1,5 51:7 53:17 65:8 68:16 Liberty [1] 69:10 lies [1] 37:7 messages [2] 9:10 57:18 lights [1] 8:25 messaging [1] 15:12 likely [2] 39:5 54:10 met [1] 56:7 limit [1] 32:9 middle [1] 46:25 limitation [1] 35:24 might [5] 34:13 59:23 60:2 63:18, limited [7] 5:22 7:6 31:9 48:17 64: 18 24,25 65:1 military [4] 23:4,5,17,24 limiting [1] 27:15 millions [2] 42:10 66:8 limits [1] 20:7 mind [1] 21:24 line [40] 6:5 8:5,8,10 9:2,4 13:6,7, Minneapolis [1] 1:19 11,18,20 17:3,13,13 18:8,13 21:11 MINNESOTA [28] 1:3,19 3:5 5:18 22:6,8,11 24:2 26:17 27:2,3,5,6,7 20:10 28:8 29:5 32:24 33:24 36: 34:20 35:16 37:7 39:10 41:13 51: 14 39:20 40:1 46:5 47:22 49:6 53: 1 58:16,16,20,21 61:21 65:23,24 8 54:3,6 56:4,20 60:19,20 61:9 62: 14 66:9 69:5 70:9,18 list [2] 29:11 66:16 listed [2] 46:12 47:12 Minnesota's [14] 3:11 9:8 16:2 25: 12 27:19 28:11 31:23 32:10 34:19 litigation [1] 66:23 44:16 48:11,20 50:11 65:24 little [4] 16:21 32:20 51:25 52:9 Lives [2] 41:6 66:14 Minnesotan [1] 47:12 local [1] 36:23 Minnesotans [2] 45:9 62:17 locations [1] 66:10 minority [1] 48:24 log [1] 43:17 minutes [2] 61:20 66:3 logo [2] 32:20 33:6 Miss [2] 41:16,21 loitering [1] 26:8 mistake [3] 43:5 44:3,12 long [1] 55:22 mistake's [1] 44:5 look [1] 68:1 mistaken [1] 43:8 must [2] 29:25 49:13 N NAACP [2] 4:13 14:1 name [11] 12:22,23 18:16 30:1 43: 16 45:24,25 46:2 60:1,14 68:5 named [1] 18:15 Names [2] 29:11 31:8 narrowly [2] 4:9 70:19 nation [1] 62:18 nature [2] 7:12 8:10 necessary [1] 32:18 need [4] 42:1,3,6 48:15 never [4] 23:12,22 46:18,19 next [1] 53:18 nine [3] 27:21,24 48:13 nobody [1] 26:10 non [1] 19:19 non-disruptive [1] 7:12 non-public [3] 20:2 23:24 65:22 none [2] 70:8,8 nonpublic [1] 32:2 norm [1] 67:25 nothing [3] 31:13 50:1 60:4 NRA [2] 39:24,25 number [5] 17:10 48:24,24 57:15 68:8 O oath objecting [1] 44:20 obligation [1] 10:18 observer [9] 15:5,8 30:23,25 32: [1] 56:12 18,25 36:16,25 37:20 obviously [3] 9:24 40:22 41:10 occur [4] 21:15 28:23 33:12 54:10 occurred [1] 64:18 occurs [1] 43:11 offense [1] 47:14 office [3] 12:24 54:14 56:24 official [4] 29:18 39:14 45:19 46:6 officials [10] 17:23 29:3,6,9,16 31: 5,6,6 36:13 60:22 often [6] 28:22 45:1,4 48:6 52:11 62:17 okay [10] 17:4 23:5 39:23 46:23 48: 23 50:18 54:25 59:25 65:6,9 omission [1] 8:22 once [2] 22:18 27:4 one [34] 5:25 6:14 8:19 13:6,16,17 15:17 19:20 27:8 29:14,18 33:2,6 Heritage Reporting Corporation Sheet 4 intimidating - one 75 Official - Subject to Final Review � 35:20 36:14,19,24 39:10 42:19 43: 3 45:18 47:5,6 51:2 53:3,6,7,8 55: 25 57:10 58:1 62:16 67:16 70:14 only [9] 5:4,13 18:15 27:15 38:4,13 49:11 60:13 63:2 opening [1] 53:23 operate [1] 42:11 opinion [1] 6:18 opposed [1] 48:16 opposite [3] 7:20 10:12 57:15 oral [5] 1:12 2:2,5 3:7 31:19 order [6] 32:7,13 34:17 35:2 46:1 68:7 organization [2] 24:21 31:8 organizational [1] 69:6 other [47] 3:14,17 5:13 9:7,13,15 12:21 13:9,15,19 17:3,13 19:8 21: 4,10 24:22 26:13,24 27:13,18 28: 2,2,8 29:15 30:2,3 34:9,12 42:4 43:4 44:11 45:5,19 48:1,9,16 49:3 52:7 53:12 57:14,18 60:2,24 61:1, 18 68:8,19 others [2] 4:13 54:11 otherwise [1] 19:5 out [11] 7:14 17:9 20:24 27:16 29:1 33:21 43:5 53:16 58:2 63:1 70:2 outlier [1] 48:12 outlying [1] 15:13 over [3] 19:5 44:17 61:18 overbreadth [6] 5:6,8 16:22 17:6 48:5 67:13 overbroad [3] 3:21 13:8 16:13 overrule [1] 7:16 own [2] 25:2 33:15 permissible [4] 5:23 17:4 19:4 23: polls 16 permit 23:6 24:4 permitted [5] 18:23 22:21 23:21 [3] 22:14 38:18,21 person [18] 18:3 35:19 39:14 42: 15 43:1,5,13,14 45:19 46:7 47:7,9, 11 53:15 55:1,10 67:16 70:4 personal [3] 6:12 16:18 24:23 petition [1] 69:17 Petitioner [1] 35:12 Petitioners [7] 1:4,18 2:4,10 3:8 59:13 66:6 petty [1] 47:14 pick [1] 58:9 picked [1] 47:6 picture [1] 10:23 pin [5] 33:2 35:5,10,12,13 place [54] 5:16 7:14 9:11 11:6 13:6 17:3 18:4 19:19 20:7,14 22:13 26: 8 27:17 28:4,5 29:1 30:10,16 31: 24 32:11,14 34:24 35:1,21,25 37: 21 38:16 42:15 44:18 47:2 49:3, 21 50:9,10 51:16,21,23 52:6,7,10, 16 53:5,19 54:12 57:13,25 58:3, 11 62:12,23 64:8 67:8 70:2,13 places [8] 9:6 10:6 13:25 22:18 27: 12 52:1 56:4 66:9 plain [3] 3:19 33:13 38:8 plainly [1] 3:20 plaza [2] 51:6 65:20 please [9] 3:10 15:19,20,25 21:18 31:22 44:25 67:23 68:15 plus [1] 35:17 point [6] 20:8 22:10 29:23 47:13 P 49:16 57:15 PAGE [3] 2:2 57:11 68:12 police [2] 9:1 28:19 Parkland [3] 38:25 39:16,20 policed [2] 9:5 30:11 part [7] 8:9 20:18 28:21 45:9 62:7 policing [1] 28:23 69:18,20 policy [4] 31:4 60:13 67:3 69:12 particular [10] 6:1,8 17:14 24:19 political [95] 3:12 4:12 5:9 6:21 8: 25:11 29:19 30:16 33:19 47:5 54: 2 10:14 12:23 13:9 14:18 15:9 16: 22 15,19,19 18:2 20:17,19,24 22:12, parties [5] 29:11,11,18 47:6 54:8 21 23:6,10,13,16,20 24:17,21 25:2 partisan [3] 53:13,24,24 31:13 32:10 34:6,20 35:5,17,18 party [6] 12:24 29:19 31:8 43:3,4 36:2,4,6,9,17 38:4,8,12,14 40:7 69:11 41:10,24 43:18 44:22 45:11,18 46: passive [9] 7:11,25 8:10,17,23 9:1 3 47:7,20 48:20,22,25 50:13,14 10:22 50:25 51:11 51:2,13,20 52:12,14 53:4,17 54:8, passively [1] 28:25 22 55:12 56:18 57:16,18 58:4,11 peace [1] 10:18 59:15,18 62:22 63:2,7,7,8,13,16, peaceful [1] 15:12 18,19,25 64:2,9,22,22 65:12 66:24 penalty [1] 43:24 67:1,4,6 68:16 people [39] 7:12 25:2 27:15 28:16, politics [1] 42:6 18 30:22 33:18 34:7,8,12,25 35:4 poll [1] 54:5 38:13 42:11 45:2,3,17 46:24 47:5, polling [61] 5:16 7:14 9:6,11 10:6 25 49:1 53:6 60:17 62:5,6,8,11 63: 11:6 13:25 17:23 18:4 19:18 20:7, 6 64:10 66:8 67:24 68:4,8,14,16, 14 22:18 26:8 27:12,16 28:4,5,17 18,19 69:4,5 29:1,6,8 30:10 31:6,24 32:11,14 people's [1] 10:24 34:24 35:21,25 37:21 38:16 39:13 perceived [2] 41:9 53:2 45:11 47:2 49:2,20 50:9,10 51:16, perception [2] 53:5,12 21,23 52:6,10,15 53:4,19 54:11 perhaps [1] 42:10 56:4 57:13,25 58:3,11 62:11,23 period [1] 55:22 64:8 66:9 67:8 68:18,19 70:13 [2] 63:10 66:8 Q portions [2] 49:2,3 [1] position [7] 15:23 21:18 22:1 25:5, qualification 67:5 [1] 56:6 qualified 22 44:13 66:25 qualifies [1] 34:6 possibility [1] 53:23 question [15] 5:4 20:6,12 23:22 [1] possible 18:8 post [1] 56:24 posture [1] 4:17 potential [1] 68:6 potentially [3] 16:14 22:13 47:13 precinct [1] 54:6 premise [1] 48:19 preserving [2] 17:18 32:13 President [3] 5:14,14 36:20 pressure [2] 25:23 26:12 pressured [3] 11:20,25 12:3 pretty [2] 19:5 37:9 prevent [2] 3:13 33:16 preventing [2] 13:24 32:14 primarily [1] 60:16 prior [1] 66:11 pristine [1] 10:6 pro [2] 33:15 43:11 probably [2] 10:1 36:14 problem [15] 11:6 15:11 19:6 24: 13 25:13 28:21 36:8 41:1 42:17 46:19 47:24 53:5,23 60:19 70:14 problems [3] 33:9 53:3 70:7 procedural [1] 4:17 proceed [2] 43:15,16 process [19] 12:11 17:20 18:4 28: 19 32:5 43:24 52:12,15,21,22 54: 4 56:25 59:14 62:16 67:17,17 69: 18,18,20 processes [1] 55:24 prohibit [3] 51:10 57:25 58:13 prohibited [10] 3:17 4:2,4,6,6,8 37: 11,12 50:12 51:8 prohibiting [1] 56:23 prohibition [4] 23:13,23 32:10 34: 1 prohibits [4] 6:7 9:18 12:20 26:7 promotion [1] 20:8 proof [1] 67:16 properly [2] 4:2,4 prophylactic [1] 33:16 proposition [1] 21:8 proscribable [2] 33:10 43:12 proscribe [1] 11:21 prosecution [2] 54:14 68:7 protected [5] 12:11,14 22:3 34:11 67:11 protecting [1] 32:6 protects [2] 32:2,12 proud [1] 62:17 proven [1] 8:19 provisions [1] 26:13 psychological [1] 26:11 public [1] 22:10 pure [1] 22:2 purpose [3] 27:16 36:5 67:13 pursue [2] 15:21 17:15 put [4] 8:21 13:16 17:11 21:6 puts [2] 8:6 56:12 30:19 34:18 36:24 39:13 42:21 44: 6,10 48:10,19 58:16 70:10 questions [6] 19:21 34:3 44:14 53: 14 56:13 70:14 quick [2] 61:11,17 quickly [1] 67:21 quiet [3] 10:17,18 27:14 quintessential [1] 32:2 quite [3] 23:7 24:9 32:17 R rainbow 43:2,7 raise [1] 39:8 raised [3] 37:8,23 69:4 range [1] 17:9 rather [1] 48:8 reach [1] 32:16 reaches [1] 9:24 read [2] 7:24 69:15 Reagan/Bush [1] 41:22 real [3] 10:7 62:4,10 really [4] 25:24 32:19 37:9 44:10 reason [1] 22:16 reasonable [15] 15:5,8 18:3 24:18 [4] 38:18,19 30:23,25 31:25 32:17,25 35:19 36: 15 37:20,25 39:14 44:9 reasonableness [1] 49:12 reasonably [7] 12:14,16 13:23 22: 11 35:6,18 38:15 reasons [5] 33:10 34:21 51:18 52: 13 53:13 REBUTTAL [2] 2:8 66:5 recognized [3] 24:9 32:4 34:16 recognizing [1] 34:12 record [9] 28:12,14 29:2 46:6 47: 23 49:15 68:2 69:8,9 recounts [1] 62:20 referring [3] 20:3,3 26:24 refers [1] 12:22 reflection [2] 10:17 69:22 reflective [1] 42:15 Reform [1] 66:15 regarding [3] 35:20 37:3 62:21 register [1] 56:8 registration [2] 56:5 61:1 regulate [1] 21:3 regulated [2] 3:14 9:7 rejected [2] 4:19 51:17 relate [1] 17:5 related [9] 12:16 13:23 14:2 25:7 35:18 38:23 39:11 50:8 57:16 relating [2] 12:12 37:16 relevant [1] 37:23 remainder [1] 27:21 remaining [2] 31:15 66:4 remand [1] 68:17 remedy [2] 43:9,13 remove [3] 46:1 47:21 68:5 Heritage Reporting Corporation Sheet 5 one - remove 76 Official - Subject to Final Review � reported [1] 69:4 Republican [2] 54:20,21 required [2] 57:4,6 requirements [1] 56:7 requires [1] 49:7 reservation [1] 23:25 reserve [1] 31:15 Resist [3] 18:21 20:24 66:14 resolved [2] 55:14,14 respect [2] 29:24 34:5 Respondent [1] 66:19 Respondents [4] 1:7,20 2:7 31: 20 response [2] 12:8 45:15 rest [2] 18:11 20:23 Restrain [1] 14:12 restrict [4] 13:19 42:2,4,12 restriction [3] 31:23 32:1 58:18 result [2] 67:7 70:16 retreats [1] 10:6 review [2] 44:11 59:19 rightful [1] 57:7 rights [3] 38:23 49:2,4 road [1] 47:13 ROBERTS [18] 3:3 9:12,20 10:10 10 seeks [1] 15:11 seemingly [1] 53:24 seems [1] 61:7 selected [5] 29:5,10,12,17 55:19 selects [1] 30:15 self-corrected [1] 54:11 self-expression [3] 6:12 25:1 67: 11 sent [1] 4:20 sentence [6] 5:18 6:7,8 7:2 17:14 70:17 series [1] 67:7 seven [1] 66:25 several [1] 60:3 sharp [1] 10:14 shirt [23] 14:10,11 24:20 28:24 32: 19 37:11 38:17,19,24 39:24,25 40: 4 41:17,22 47:3,19,20 54:22 61:2, 8 64:3 65:7 67:12 Shirts [4] 3:15 13:25 20:24 52:4 shocking [1] 10:25 show [5] 25:19 29:3 47:25 49:11, 19 shows [1] 44:16 25:15 26:9 31:16 32:16 33:4 34:2 side [2] 13:17,19 40:15,19 44:1 59:22 60:9 65:13 sign [3] 8:24 43:5 45:20 66:1 70:22 silence [2] 15:12 21:1 ROGAN [69] 1:19 2:6 31:18,19,21 similar [2] 16:5 27:25 32:23 33:7 34:15 35:15 36:1 37: Similarly [2] 9:11 53:24 13 38:7,19 39:1,6,9,16,18,25 40:6, simply [10] 6:12 7:13 14:1 24:20, 12,18,20 41:3,8,19,23 42:22 43:10 22,25 28:9 34:18 37:19 45:23 44:15 45:2,8 46:4,13,17,21 47:15, Since [1] 3:18 18 48:18 49:9,17 50:3,17,19 51: single [2] 54:6 58:17 24 52:13 53:21 54:1 55:3,8,18 57: singled [3] 33:21 53:16 58:2 23 59:7 60:8,15,23 61:5,9,15,23 sitting [2] 37:20 61:20 62:3,13 63:12,17 64:5,13,17 65: situation [4] 26:5 27:3,9 47:16 10,18 situations [1] 27:1 room [5] 19:13,14 60:22 61:4,6 slice [2] 16:14 21:3 rowdy [2] 52:12,14 slippery [1] 8:20 rule [7] 12:4 21:9 51:14 63:1 65:21 slogan [1] 19:2 67:24,25 slogans [2] 18:24 69:9 rules [1] 12:11 small [5] 11:8 16:14 19:14 20:21 21:3 running [6] 12:24 36:20,21,22,23 43:1 smaller [1] 3:13 solely [1] 5:1 S solemnity [5] 12:10 17:19 35:3 51: Sacramento [1] 1:17 21 52:8 sacrifice [1] 10:8 solicitation [1] 50:15 same [8] 9:24 34:21 50:4 58:4,12 somebody [12] 43:22 46:6 47:2 61:6 64:25 65:8 52:25 53:10 56:10 59:6,9,11,17 same-day [1] 56:5 60:11 62:22 saying [10] 3:15 7:18,20 12:13 22: somebody's [1] 56:6 12 35:12,13 46:11 66:22 70:7 somehow [3] 33:14 38:23 56:11 says [11] 14:17 30:3 33:14 35:10 someone [6] 8:6 9:25 14:10 32:19 38:25 47:6 51:15 54:23 67:16,20 44:3 53:10 69:12 someone's [4] 9:22 22:7 28:24 59: school [2] 23:25 47:2 24 schools [2] 42:4,4 sometimes [1] 29:16 scope [1] 50:12 soon [1] 19:6 Second [3] 40:5 45:22 67:12 sorry [7] 11:15 20:11 30:14,17 41: Section [4] 9:9,17 16:7 26:6 19 64:13 68:13 see [13] 15:8 18:3 21:10 30:24 33: sort [3] 5:15 24:22 52:7 2,5,5 34:8 44:12 46:9 61:2,2 70: SOTOMAYOR [23] 7:15,19,22 8:5 14:4,8,16,21,24 15:4,15 21:17,22 22:5,20,25 23:3 24:3,7 67:15 68: 13,24 69:2 sound [1] 52:8 sounded [1] 45:15 sounds [2] 8:18 48:11 specifically [1] 11:22 speech [54] 3:19 5:13,16 7:12 8: 13 17:16,25 19:8,12,15 20:17 21: 2,23 22:2,3,7,12 23:6,10,13,17,20 25:24 26:20 27:4,5,6 31:23 32:1,9 35:14 42:12 43:11 44:21,23 50:6, 13,13,14,21,25 51:2,3,5,6,11,12, 14,20,22 56:23 64:25 66:14 67:11 speech-free [1] 20:19 speeches [1] 20:24 Spending [1] 14:12 squarely [1] 51:17 standard [1] 42:12 standards [1] 44:8 start [2] 19:5 22:18 starts [1] 69:25 state [27] 10:11,25 12:20 13:19 14: 11 16:23 20:6,9 21:6,11,13 22:11 24:4,7,8 30:21 36:22,22 37:10 43: 9 48:8 49:11 57:20,22,24 66:10 69:12 state's [3] 8:11 12:9 56:21 state-run [1] 42:2 state-wide [1] 62:20 statement [1] 63:6 STATES [13] 1:1,13 27:18,24 28:3, 8,10 33:24 48:13,16,21 49:8 51: 10 stations [1] 45:12 statute [58] 3:11,19 4:2,4,8 5:5,12, 15,17,19,21 6:6,10 7:2,5 9:9 12:1 13:7 15:11,17,24 16:3,8,9,12 17: 20 18:6,10 25:12,14 26:22 31:12 36:4,5 38:9 41:5 44:16,18,24 45:3 46:5 48:14,15 49:7,12,23 53:25 60:16 62:4,24 63:12 64:1 65:11 66:7 67:3 70:15,18,20 statute's [1] 64:24 statutes [9] 3:15 9:7,15 16:12 21: 4,16 26:24 27:2,13 statutory [1] 26:13 step [1] 49:24 stifled [1] 21:23 still [5] 13:3,8,8 18:10 26:24 stop [6] 15:24 19:9,18 25:14 27:22 28:19 stretch [1] 34:14 strong [5] 10:24 38:25 39:20 59: 24 60:7 stuff [1] 61:22 Sturm [1] 11:3 subject [2] 42:5,12 submitted [3] 29:12 70:23,25 subtle [2] 26:11 58:7 suddenly [1] 33:20 sufficient [4] 49:18 58:13 60:18 63:24 suggesting [3] 9:2,4 11:9 suggestion [1] 17:2 suggests [2] 59:22 60:6 support [2] 26:3 34:12 suppose [5] 12:18 42:24 43:4,8 63:5 supposed [1] 9:1 SUPREME [2] 1:1,13 suspect [1] 23:3 swallowing [2] 19:7 24:14 sweep [1] 20:23 sweeps [5] 5:9 12:15 13:9 18:11 31:12 symbols [1] 63:22 T T-shirt [4] 8:23 43:6 45:20 51:14 T-shirts [1] 50:9 table [1] 60:25 talked [3] 13:17 33:17 37:19 target [1] 5:12 taught [1] 42:6 Tax [1] 66:15 Tea [1] 69:11 teachers [1] 25:18 tells [1] 67:22 ten [1] 61:20 term [1] 67:5 terribly [2] 59:23 60:4 test [4] 4:11 25:7 30:24 32:24 text [1] 40:5 themselves [1] 35:4 there's [25] 9:20 10:2,4 21:12 22:5 23:2,14 25:9 27:24 28:6 29:14,15, 15 31:12,13 35:2 37:22,22 39:22 44:6,12 54:20 60:25 66:12 67:18 they've [4] 51:1 55:21 65:3 69:23 thinks [4] 29:19 36:15 54:21 55:1 third [1] 70:17 though [4] 14:24 27:10 34:10 39:4 thousand [1] 10:23 thousands [2] 36:13 42:10 threat [1] 18:3 threatening [2] 9:10 25:10 threats [1] 25:10 throughout [2] 66:10,23 ticket [1] 43:25 tiniest [1] 32:20 Tinker [1] 24:1 tiny [1] 33:2 today [2] 39:19,25 took [1] 21:17 tough [2] 6:13,14 towards [2] 15:10 66:24 traffic [1] 43:25 train [3] 31:3,6,10 training [2] 30:22 55:21 transform [1] 25:23 tread [1] 69:10 true [4] 10:2 11:4 24:11 68:20 Trump [1] 5:14 try [4] 27:14 28:19 31:3 68:9 trying [7] 16:13,14 19:9 21:1 42:14 61:13 70:6 turning [1] 52:19 Heritage Reporting Corporation Sheet 6 reported - turning 77 Official - Subject to Final Review � turnout [1] 62:18 two [7] 37:14 45:16 47:6 52:13 53: Vote [34] 6:24,24,25 9:22 10:3,4,5, 16 11:1 19:16 21:7,7 22:21 32:3,6 6 55:6 68:4 34:7 35:1,10 43:15,16 46:25 47: type [15] 4:11 7:13 13:22 18:11 19: 10 52:19 53:1,1,10 56:12,15,22 2,9 25:4 27:11 33:17 34:1 51:5,22 58:9 59:6 61:21 68:7 70:13 54:13 58:7 69:10 voter [12] 26:7 29:20,25 32:14 45: types [1] 51:9 5 53:11,12,18,18 57:12,14 58:1 VOTERS [5] 1:3 3:5 38:16 56:9 61: U 2 Ultimately [5] 43:22 53:17 54:12 voters' [1] 57:18 58:6,25 voting [8] 12:11 17:19 22:13 35:3 unchallenged [1] 6:8 36:7 52:23 60:25 62:16 unconstitutional [2] 3:21 41:14 W uncovered [1] 16:15 [1] [1] waiting 61:21 und 11:3 walked [1] 57:13 under [22] 3:14 4:4,8,11 21:4,15 25:6,11 26:6,18,21 27:1,1 41:4,4 wanted [1] 43:3 48:25 54:14 56:12 63:12,17 64:1 wants [2] 11:7 70:20 65:10 Washington [1] 1:9 way [12] 10:9 17:6 42:19 44:9 48:1, undercuts [1] 8:11 understand [9] 10:3 32:25 34:4 9 51:3 54:4 59:8,16 62:12 64:25 35:19 37:25 40:21 45:10 56:2 61: ways [1] 33:2 13 wear [13] 14:10 25:4 35:12,13 45: understanding [1] 56:19 10 47:9 51:15 54:24 59:12,15 62: understood [4] 37:15 38:15 50:7 6 65:6 68:10 64:1 wearer [1] 67:23 wearer's [1] 24:23 undocumented [1] 48:7 wearing [27] 7:13,25 12:21 24:20 undue [1] 13:24 unfair [1] 55:2 28:9,17,18,25 34:18 43:18 45:5, union [1] 25:18 20 47:3 49:1,19 52:4,4 53:6,8,15 UNITED [2] 1:1,13 58:8 59:18 61:8 63:9 65:8 68:15 unless [5] 16:22 18:6 38:21,21 44: 69:5 12 wears [1] 59:11 unreasonable [3] 41:15 46:12 58: Wednesday [1] 1:10 22 welcome [1] 58:3 up [23] 12:4 16:6 25:19 26:5,17 31: well-known [4] 37:17,19 38:5,6 5 34:23 42:7 43:13,14,24 45:2 47: whatever [5] 25:17,18,21 34:10 21,25 53:23 54:24 55:10 60:17 65: � 48:23 3 67:23 70:1,19,19 Whereupon [1] 70:24 whether [19] 5:4 6:5 11:21 20:12 upheld [3] 7:6 23:12,23 uphold [1] 33:25 22:6 30:21 36:17 37:2,24 44:8 45: useful [1] 45:14 17 50:23 51:13 54:13 56:6,14,17 uses [1] 36:6 62:21,22 white [2] 63:9 65:8 usual [1] 17:6 who's [4] 43:1 54:20 55:16,19 utilized [1] 9:9 whole [1] 69:15 V whomever [1] 67:22 vacuum [1] 64:19 will [5] 18:5 42:17 43:12,16 70:7 values [2] 6:12 16:19 willing [1] 24:2 various [1] 29:11 within [4] 34:10 44:24 50:10 56:18 vast [2] 3:18 49:8 without [1] 10:19 versus [2] 3:5 8:17 wonder [1] 10:11 view [12] 4:1 6:3 7:7 13:12,20 16: wondering [2] 49:5,25 23 17:1 20:8 57:15 63:16,18 66: wonders [1] 53:21 24 word [3] 36:6 48:20,21 viewed [1] 40:7 words [7] 5:13 10:23 13:15 22:2 viewpoint [2] 54:2,9 52:7 60:2,24 viewpoint-neutral [1] 32:1 wore [1] 47:19 views [5] 24:21 25:3 58:5 66:24 work [8] 42:21,23 46:25,25 59:4 67:1 62:4,11 70:5 violate [2] 5:7 31:24 workable [2] 12:4 44:17 violates [3] 5:5 29:20 60:12 worked [2] 62:24,24 virtual [1] 31:13 workers [2] 28:18 54:6 virtually [2] 31:13 70:8 works [3] 54:5 61:14 70:5 world [2] 10:7 69:24 worn [3] 5:16 24:24 50:9 worried [2] 60:10,10 worse [1] 38:3 worth [1] 10:23 write [4] 6:18 12:5 60:1,14 Y years [7] 44:17 54:3 60:20 62:25 66:25 70:1,9 yourself [1] 54:24 Z zone [3] 20:13,17,19 Heritage Reporting Corporation Sheet 7 turnout - zone