[EL] McCullen v. Coakley

[Kelner, Robert]

Chief Justice Roberts' opinion specifically distinguished McCullen from Burson v. Freeman, the case in which the Supreme Court upheld electioneering free zones around polling places. The Chief did so on the basis that police are often excluded from polling places and so there are fewer opportunities for states to adopt more narrowly tailored means of maintaining order than is the case around abortion clinics, where the police are free to patrol. 

That said, having myself litigated one of the follow on cases to Burson in the DC Circuit, I have a suspicion that McCullen will nonetheless lead to renewed attempts to limit or overturn Burson. 

Sent from my iPhone

> On Jun 29, 2014, at 10:39 PM, "Lorraine Minnite" <lminnite at gmail.com> wrote:
> 
> Does anyone on the list have an opinion about how the Supreme Court's recent decision in McCullen v. Coakley might apply to state bans on "electioneering" within buffer zones around polling places on Election Day?  Happy to hear from you off-list, especially if this issue has already been discussed on the list (and I missed it).
> 
> Lori Minnite
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