Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito exposes the hypocrisy of liberal double-standards
Justice Alito exposes the hypocrisy of liberal double-standards
Jan 25, 2026 3:22 AM

You probably haven’t even heard about it, but yesterday there was an exchange in the Supreme Court that future generations will regard as one of the most significant revelations of our political era.

The case of Minnesota Voters Alliance v. Mansky concerns a Minnesota statute that broadly bans all political apparel at the polling place. When Andrew Cilek went to vote in 2010, he wore a shirt bearing the image of the “Don’t Tread on Me” flag and a button that read “Please I.D. Me.” The poll worker asked him to remove the shirt and button because it supposedly violated the state law.

Cilek filed a lawsuit opposing the regulation as an infringement on his First Amendment right to political expression.He also noted that the standard for what is acceptable is arbitrary and the enforcement itself could be politicized since the polling workers are chosen by local political parties.

In the oral arguments, Justice Alito agreed that the law does seem arbitrary and observed that “so many things have political connotations, and the connotations are in the eye of the beholder.” How could any poll worker, he asked, be even-handed in enforcing the regulation?

Daniel Rogan, who defended the statute for the state before the Court, responded that the political speech being conveyed by the wearer had to be “understood as relating to electoral choices and it has to be well-known.”

Alito said “that makes it worse” since the poll worker applying the “reasonable person” standard has to not only recognize the clothing is political speech but well known political speech.

Rogan answered that what the standard meant was it would have to be something a reasonable person would consider “clearly political” and “something that’s going to be reasonably understood by voters in the polling place.” What followed was a line of questioning by Judge Alito that will go down in the history books as a prime example of liberal cluelessness and hypocrisy.

The exchange has to be seen in full to appreciate the devastating effect, so I’ll reprint each part and note which examples of clothing Rogan considers “political” and what he views as “not political”:

JUSTICE ALITO: How about a shirt with a rainbow flag? Would that be permitted?

MR. ROGAN: A shirt with a rainbow flag? No, it would — yes, it would be — it would be permitted unless there was — unless there was an issue on the ballot that — that related somehow to — to gay rights.

Rogan’s conclusion: A symbol for a liberal cause (gay rights) is not political (unless there is something directly related to the issue on the ballot), and thus would be allowed.

JUSTICE ALITO: How about a shirt that says “Parkland Strong”?

ROGAN: No, that would – that would be — that would be allowed. I think -­ I think, Your Honor -­

JUSTICE ALITO: Even though gun control would very likely be an issue?

[Rogan hems and haws for a few moments while Alito pins him down]

ROGAN: I — I think — I think today that I — that would be — if — if that was in Minnesota, and it was “Parkland Strong,” I — I would say that that would be allowed in, that there’s not -­

Rogan’s conclusion: A symbol for a liberal cause (gun control) is not political, and thus would be allowed.

JUSTICE ALITO: Okay. How about an NRA shirt?

ROGAN: An NRA shirt? Today, in Minnesota, no, it would not, Your Honor. I think that that’s a clear indication — and I think what you’re getting at, Your Honor -­

Rogan’s conclusion: A symbol for a conservative cause (gun rights) would be political, and thus not allowed.

JUSTICE ALITO: How about a shirt with the text of the Second Amendment?

ROGAN: Your Honor, I — I – I think that that could be viewed as political, that that — that would be — that would be –

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would be considered political because it is primarily supported by conservatives, and thus not allowed.

JUSTICE ALITO: How about the First Amendment?

ROGAN: No, Your Honor, I don’t -­I don’t think the First Amendment. And, Your Honor, I -­

CHIEF JUSTICE ROBERTS: No — no what, that it would be covered or wouldn’t be allowed?

ROGAN: It would be allowed.

Rogan’s conclusion: The text of an Amendment to the U.S. Constitution would not be considered political because it’s supported by people other than just conservatives, and thus would be allowed.

ALITO: . . . How about a Colin Kaepernick jersey?

ROGAN: No, Your Honor, I don’t think that that would be under — under our statute. And I think -­

Rogan’s conclusion: The jersey of a football player best known for his left-leaning political activism with the Black Lives Matter movement would not be political, and thus would be allowed.

JUSTICE ALITO: How about “All Lives Matter”?

ROGAN: That could be, Your Honor, that could be — that could be perceived as political.

Rogan’s conclusion: Text considered to be in opposition to the Black Lives Matter movement would be considered political, and thus not allowed.

JUSTICE ALITO: How about an “I Miss Bill” shirt?

ROGAN: I’m sorry, Your Honor? I didn’t -­

JUSTICE ALITO: “I Miss Bill,” or to make it bipartisan, a “Reagan/Bush ’84” shirt?

ROGAN: Yes, Your Honor, I believe that that’s political.

Rogan’s conclusion: Wearing clothes referring to politicians who have been out of office for decades is political, and thus not allowed.

I don’t know much about Mr. Rogan, but I suspect that most people would consider him to be a reasonable person. Yet when asked to apply the “reasonable observer” standard, Rogan consistently considered views on the left to be “non-political” and views on the right to be “political.”

How could such a reasonable person be so clueless? The late novelist David Foster Wallace tells an old joke about fish and water that can help us see the problem:

“There are these two young fish swimming along and they happen to meet an older fish swimming the other way, who nods at them and says “Morning, boys. How’s the water?” And the two young fish swim on for a bit, and then eventually one of them looks over at the other and goes “What the hell is water?”

There’s also an old saying that fish are the last to discover water. Something similar could be said about liberals and their left-leaning bias. They are the last to discover political bias because they assume what they believe about the world is the standard by which all other views must judged. While other people are being “political” they are merely being “reasonable.”

Christians should consider what it means for us to trust our most sacred rights—especially our rights to speech and religious freedom—to such “reasonable observers.”

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
RELIGION & LIBERTY ONLINE
‘Stop Being Poor’
Admittedly, “stop being poor” sounds a bit like “let them eat cake.” The remark was made by Todd Wilemon, a managing director at NYSE Euronext, when he was asked what people should do if they could not afford health insurance. “Stop being poor,” was his answer. Callous? Crude? Mean? Not really. Kevin D. Williamson explains how the ineptly-named Affordable Care Act isn’t providing insurance for all who can’t afford it. Appropriating a certain amount of money and labeling it “health...
Jesus Christ, a Small Businessman at Work
Mark Tooley of IRD highlights a talk by Michael Novak, “Jesus Was a Small Businessman.” Speaking to students at the Catholic University of America, Novak observed: When he was the age of most of you in this room, then, Jesus was helping run a small business. There on a hillside in Nazareth, he found the freedom to be creative, to measure exactly, and to make beautiful wood-pieces. Here he was able to serve others, even to please them by the...
Scarlett Johansson, Oxfam, and ICCR Shareholders
Enough time has passed for this Denver Broncos fan to address a kerfuffle surrounding this year’s Super Bowl. I’m writing, of course, about Hollywood siren and liberal activist Scarlett Johansson, who appeared in a Super Bowl mercial to the chagrin of international charity Oxfam for which the otherworldly beauty served nine years as official spokesperson. Oxfam, listed in the Interfaith Center for Corporate Responsibility’s 2014 Proxy Resolutions and Voting Guide “Guide to Sponsors,” told Johansson she had to choose between...
Charles Koch on Cronyism
You are unlikely to find a pair of siblings who are both as admired and reviled as the Koch brothers. Charles and David Koch are billionaire philanthropists, heads of the nation’s second largest pany, and activists who promote libertarian causes. To many on the right, the brothers are virtuous champions of liberty. To many on the left, the duo is the greatest threat to humanity since global warning (which some on the left would directly attribute to the Kochs). Both...
Diversity, Inclusion And Conversation: But Only If You’re Just Like Us
The definition of “diversity” is “the condition of having or posed of differing elements : variety; especially : the inclusion of different types of people (as people of different races or cultures) in a group or organization.” It appears, however, that diversity for some folks mean “only if you agree with or are just like us.” In Olympia, Wash., South Puget Sound Community College’s Diversity and Equity Center planned a “Happy Hour” for staff and employees in order to discuss...
Survey Results: What Do You Look for in a Pastor?
One month ago, I posted a link to a survey asking ten questions about what people look for in a pastor, promising to post the results one month later. The idea was to try to shed some light on the disconnect between supply and demand when es to ministers looking for a call and churches looking for a minister. The first thing that should be said is that, while I am grateful to all who participated, the sample size is...
Our Sad Sex Economy
As much as progressives balk at the “imposition” of religious morality and the church in public and social spaces, secular humanism’s moral relativism is not working in America and continues to leave children vulnerable to profound evil. For example, the Urban Institute recently released a report on the economy of America’s sex industry — and the numbers are astounding. The Urban Institute’s study investigated the scale of the mercial sex economy (UCSE) in eight major US cities — Atlanta, Dallas,...
The Hayekian Liberty of Ender’s Game
My conversion into a fan of science-fiction began with an unusual order from a member of the Joint Chiefs of Staff: “Each Marine shall read a minimum of three books from the [Commandant’s Professional Reading List] each year.” Included on the list of books suitable for shaping the minds of young Lance Corporals like me were two sci-fi novels: Robert Heinlein’s Starship Troopers and Orson Scott Card’s Ender’s Game. I soon discovered what lay hidden in these literary gems. Along...
Is Being Bossy Bad?
The newest celeb campaign ing out against bullying, getting kids to eat their veggies and to go outside and play) is to stop women from being bossy. Actually, what they seem to want to do is ban the illusion of bossiness; that is, men are leaders and women are bossy. Well, that’s silly. And bossy. (yes, it’s a real website) says: When a little boy asserts himself, he’s called a “leader.” Yet when a little girl does the same, she...
Michael Miller: Pope Francis, Social Justice And Religion
Trending at today’s Aleteia, Michael Matheson Miller discusses Pope Francis and his call to social justice. Miller asks the question, “Do orthodoxy and social justice have to be mutually exclusive?” Miller says there is a “pervasive, false dichotomy between theological doctrine and social justice that has dominated much of Catholic thought and preaching since the 1960s.” Intrigued by the precedent that Pope Francis is setting in this area, Miller says, From his first moments as pope, Francis has urged Christians...
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved