Tag Archives: 16 Civ. 08336

Judge Castel Upholds New York’s “Ballot Selfie Ban” After Bench Trial

Today, Judge Castel formally upheld New York State’s “ballot selfie ban” at the conclusion of a bench trial.  The ruling comes after Judge Castel denied a preliminary injunction shortly before the November 2016 election (see our previous coverage here). Considering whether the law violated the First Amendment, Judge Castel found that the law survived strict scrutiny because … Continue Reading

Judge Castel Denies Injunction Against Enforcement of “Ballot Selfie” Ban

Today, Judge Castel denied an attempt to enjoin the enforcement of New York’s Election Law § 17-130, or the so-called “ballot selfie” ban.  Judge Castel found that the state’s interest in protecting against voter fraud and intimidation by preventing voters from revealing the content of their ballots (even if through Instagram) was a reasonable First Amendment … Continue Reading

Sixth Circuit Echoes Judge Castel’s Timing Concern in Refusing to Immediatly Enjoin “Ballot Selfie” Ban

In an opinion this afternoon, the Sixth Circuit refused to block Michigan’s “ballot selfie” ban, and, in doing so, echoed the very same concern from Judge Castel on Wednesday (covered in this post, immediately below), about delay in bringing suit: One hundred and twenty-five years ago, Michigan enacted a law designed to protect the secret … Continue Reading

Judge Castel Expresses Skepticism of Delay in Application to Enjoin “Ballot Selfie” Ban

On Wednesday, a new complaint sought a TRO and preliminary injunction against a law banning so-called “ballot selfies” on the ground that the law violates the First Amendment.  According to the complaint, “Taking a photograph of a filled out ballot is a powerful political statement that demonstrates the importance of voting. Without the photograph, the message … Continue Reading
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