Home
/
RELIGION & LIBERTY ONLINE
/
Justice Alito exposes the hypocrisy of liberal double-standards
Justice Alito exposes the hypocrisy of liberal double-standards
Jan 20, 2026 11:33 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
Creature Feature: ICCR and GMO Labeling
Fear of the unknown hazards of technology has been the inspiration for science fiction cautionary tales from Mary Shelley’s Frankenstein to Japanese superstar Godzilla. Sadly, this fear extends to the harmless – and indeed extremely positive – applications of science in contemporary agriculture, especially when es to producing cheap, plentiful food for people on every rung of the economic ladder. Modern agriculture’s ability to feed the Earth’s population is nothing short of miraculous. Modern science and practices have enabled the...
Explainer: What Just Happened with Russia and Ukraine?
Note: This is an updateand addition to a previous post, “Explainer: What’s Going on in Ukraine?” What just happened with Russia and Ukraine? Last week, pro-EU protesters in Ukraine took control of Ukraine’s government after President Viktor Yanukovych left Kiev for his support base in the country’s Russian-speaking east. The country’s parliament sought to oust him and form a new government. They named Oleksandr Turchynov, a well-known Baptist pastor and top opposition politician in Ukraine, as acting president. In the...
Media Credibility and the Amnesia Effect
Why, when I realize that journalists misrepresent topics that I know something about — such as religious liberty — do I trust them to accurately cover issues that I don’t know much about? I’ve thought about that question for years but didn’t realize that the late novelist Michael Crichton coined a related term for this: the Gell-Mann Amnesia effect. Briefly stated, the Gell-Mann Amnesia effect works as follows. You open the newspaper to an article on some subject you know...
Samuel Gregg on ‘Exorcising Latin America’s Demons’
Venezuela has been at the top of the news lately because of violnent demonstrations and government abuses (for background on the situation in Venezuela, check out Joe Carter’s post). Director of research at Acton, Samuel Gregg, has written a special report at The American mentating on Venezuela as well as Latin America as a whole: Given Venezuela’s ongoing meltdown and the visible decline in the fortunes of Argentina’s President Cristina Kirchner, one thing has e clear. Latin America’s latest experiments...
How the Media Mislead the Public About Arizona’s Religious Freedom Amendment
Would you be surprised to hear that the mainstream media hasn’t been telling you the whole story? Probably not. The failings of the media has been a perennial story since 131 BC when the first newspaper, Acta Diurna, was published in Rome. But sometimes the media’s biases lead them to make claims that are especially egregious and harmful to mon good. Such is the case on the reporting of an amendment relating to the free exercise of religion in Arizona....
‘As Long As I’m A Good Person’
“It doesn’t matter what I believe…as long as I’m a good person.” How many times have you heard that? As our society trends more and more to the secular, this type of thing es mon. We’ve gone from a society that, at the very least, paid lip-service munal worship and having moral standards set by a higher authority, to “I can worship God on my own; I don’t need a church to do that” to “It doesn’t matter what I...
War On Poverty: The Report Is In
The House Budget Committee has issued its report on The War on Poverty, 50 Years Later. It’s 204 pages long, so feel free to dig in. However, I’ll just hit some of the highlights. Lyndon B. Johnson’s War on Poverty has created 92 government programs, currently costing us about $800 billion. mittee’s take on this is summed up as: But rather than provide a roadmap out of poverty, Washington has created plex web of programs that are often difficult to...
Alton Brown on Stewardship: ‘None of This Is Mine’
In an interview with Eater, celebrity chef Alton Brown was asked how his faith and religion play into his professional life. Brown is a “born-again Christian,” though he finds the term overly redundant. His answer is rather edifying, offering a good example of the type of attitude and orientation we as Christians are called to assume: As far as other decisions, my wife runs pany. We try not to make any big decisions about the direction of pany or my...
Calvin College Presents Panel Discussion: ‘Ukraine: The Last Frontier in the Cold War?’
The rapidly changing events in the Ukraine are causing concern throughout the world. On March 4 at 3 p.m., a panel discussion entitled “Ukraine: The Last Frontier in the Cold War?” will be held at the Calvin College DeVos Communications Center Lobby area in Grand Rapids, Mich. The panel will feature Todd Huizinga (Senior Research Fellow at the Henry Institute, Acton Institute Fellow, and co-founder of the Transatlantic Christian Council, with expertise on the European Union), Becca McBride (professor of...
No religious liberty? Then no economic freedom, either
After a week filled with heated media discussions on religious liberty, Mollie Hemingway provides a devastating critique of how, legislation aside,our media and culture appear bent on diluting and distorting a freedom foundational to all else. The piece is striking and sweeping, deeply disturbing and yet, for those of us in the trenches, somewhat cathartic in its clarity. Whether politics is downstream or upstream from culture, it appears rather clear that this battle is not a figment of our imaginations....
Related Classification
Copyright 2023-2026 - www.mreligion.com All Rights Reserved