Do selfies violate laws protecting privacy in the voting booth?
Taking selfies in the voting booth was virtually inevitable, given the nation’s social-media-focused culture.
So, concerned that the practice could threaten voting rights, some lawmakers have expressly banned doing so. In other states, existing laws concerning voting and photography at least arguably prohibit selfies, reports the New York Times (reg. req.).
The problem is, an individual’s comments on his or her own voting are a constitutionally protected form of political speech.
Earlier this month, a federal judge in New Hampshire overturned a selfies ban in that state as unconstitutional. But more litigation is likely, as lawmakers and the courts attempt to meld longstanding rules about the privacy of the voting booth with today’s social media realities, the newspaper says.
“The problem with this law is that it was an outright ban on an innocent form of communication. It didn’t ban displays involved in vote buying or intimidation. It banned all displays, including ones that carried political messages.” said Gilles Bissonnette of the New Hampshire prohibition that was struck down. He is legal director of the American Civil Liberties Union of New Hampshire, which brought the lawsuit over the state’s law on selfies.
“The best way to combat vote buying and coercion is to investigate and prosecute cases of vote buying and coercion,” Bissonnette said.
