Censorship or safety? US Supreme Court to consider Wyoming election buffer zone challenge

The U.S. Supreme Court will decide whether to hear a Wyoming-born First Amendment challenge to the state’s buffer zones restricting campaigning around polling sites.

The lawsuit claims that Wyoming’s Election Day buffer zone, which prevents campaigning within 300 feet of any polling place, creates ‘zones of censorship,’ violating federal precedent and the First Amendment.

According to Stephen Klein, a Washington D.C.-based attorney representing Cheyenne resident and plaintiff John Frank, Wyoming’s buffer zone law goes against the precedent set in the 1992 Supreme Court case Burson v Freeman, which found 100-foot political buffer zones to be constitutional.

“I don’t think it was ever meant to be as extensive as it is. The Election Day Zone is 300 feet or 100 yards in Wyoming, which is three times the radius that was upheld in Burson,” Klein said.

More: Wyoming voting FAQ

To Klein, the buffer zone question speaks directly to freedom of speech and censorship.

“Allowing people to enter and exit a polling place without being harassed is very important, but 100 yards, the length of a football field, is much too far. You just can’t censor so much speech in the name of that interest,” Klein said.

The state has filed waivers with the Supreme Court, indicating they will not respond unless asked. This puts the future of the case in the hands of the nation’s highest court, which only accepts about 100-150 cases out of more than 7,000 petitions per year—meaning the chances of the case being heard are slim.

Wyoming Attorney General Bridget Hill declined to comment, citing a policy of not commenting on pending cases.

This article originally appeared on USA TODAY: Supreme Court to consider Wyoming-born election buffer zone case