No, Billboards Denouncing “Voter Fraud” Don’t Violate Constitutional “Right To Vote”

by Hans Bader on October 24, 2012 · 0 comments

One of the most basic principles of constitutional law is that the Constitution only binds the government — not private individuals — so you can’t accuse fellow citizens of violating your constitutional rights just because their actions discourage you from exercising your own constitutional rights (like someone kicking you out of a dinner party at their home because they don’t like your viewpoint, which makes you more reluctant to express your views in the future). This is called the “state action” doctrine.

But this basic principle of Constitutional Law 101 seems to have eluded groups like the United Steelworkers Union and Common Cause, which claim that Clear Channel billboards in Ohio and Wisconsin that declare that “Voter Fraud Is A Felony” are “voter intimidation” that violates the “right to vote” and federal voting-rights laws. (Under pressure from these groups, Clear Channel took down the billboards, which had been paid for by an anonymous foundation.)  To Read More.........