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Court Says Circulator Registry, Badges Violate First Amendment

Published 2020-01-12 by Cory Allen Heidelberger

“It’s a bad day for the rule of law in South Dakota,” whimpers Representative Jon Hansen, as if, as Trumpists like to claim, a Constitutional exercise of checks and balances against overreach by one branch of government is really some extralegal coup.

The U.S. District Court ruling Friday overturning Hansen’s 2019 House Bill 1094 did make for a bad day, not for the rule of law, but for the unchecked rule of lawmakers like Hansen who crave absolute power and hold in contempt the voters and their First Amendment rights.

[I proceed now into heavy quoting of a legal ruling, which itself is rife with quotes within quotes and complicated legal citations. I omit the judge’s internal citations and simply put any text I take from the ruling in quote marks (for short passages) or blockquotes (for longer passages). To see whether the words come from Judge Kornmann or from cases he cited, please see his original document.]

Judge Charles Kornmann makes clear from the first page of his ruling in SD Voice v. Noem II that he acts with the utmost respect for the law and the proper place of the judiciary in evaluating it:

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