Courts and legislatures face the difficult task of balancing individual First Amendment rights with other basic freedoms, a task that has become increasingly challenging with the advent of new technology. The emergence of the ballot selfie has caused a legal uproar due to the perception that it may compromise the sanctity of the electoral process and the secret ballot process by facilitating vote buying and coercion. Consequently, several states have enacted laws that prohibit most or all ballot selfies. However, many individuals have rightfully protested these laws as an unreasonable restraint on freedom of speech. This Note argues that although an absolute ban on ballot selfies infringes on voters’ First Amendment rights, less-constrained and clearly-articulated guidelines aimed at combating real threats can appropriately regulate ballot selfies without infringing upon freedom of speech.
Ballot Selfies: Balancing The Right To Speak Out On Political Issues And The Right To Vote Free From Improper Influence And Coercion,
26 J. L. & Pol'y
Available at: https://brooklynworks.brooklaw.edu/jlp/vol26/iss1/17