Whether partisan gerrymandering that entrenches a legislative majority violates the First Amendment.
Locking up the political process for the purpose of disabling competition among partisan viewpoints is at odds with the proper role of government in administering elections. It is inconsistent with democratic values and constitutional precedent holding that government must function as a neutral referee in administering elections. This constitutional obligation of government neutrality stems from the First Amendment (and the Equal Protection Clause). It is the same principle that circumscribes government regulation of access to public fora and facilities. The ACLU, ACLU of Wisconsin, and NYCLU, argue, in a an amicus brief filed, that Wisconsin’s partisan gerrymandering scheme violates the First Amendment.