Court upholds right to take selfies in the voting booth
Voting in New Hampshire this fall? Don't worry, you can take a selfie and post it to Snapchat. On Thursday, the U.S. Court of Appeals struck down a would-be ban on taking and sharing selfies and other images in voting booths. Such actions were previously banned under New Hampshire state law, but the law was struck down in August 2015 by a federal judge, who ruled that it violated the right of free speech under the First Amendment. However, that case was on appeal. Supporters of the ban argued that allowing cameras and the ability to take pictures inside and around voting booths could provide support for illegal voting practices, such as vote buying. Indeed, how do you prove who you voted for if not by taking an image? But times have changed. Those against the ban argued that vote buying was not common nor was it practical, especially in a presidential election. In fact, the Court of Appeals reported in its ruling that New Hampshire had not received complaints of vote buying or voter intimidation since "at least 1976." "Digital photography, the internet, and social media are not unknown quantities -- they have been ubiquitous for several election cycles, without being shown to have the effect of furthering vote buying or voter intimidation," the ruling reads. The case had prompted Snap Inc., the company formerly known as Snapchat, to file its first standalone amicus brief in April that supported the act of taking selfies -- as it is a core part of using Snapchat -- at voting booths. Snapchat cited the ballot selfie as a "uniquely powerful form of political expression" and also positioned itself as a newsgatherer who has a "First Amendment interest in disseminating user-generated content." "Today's ruling is a victory for free speech in the digital age. We're thrilled the court recognized that ballot selfies are an important way for Americans -- especially younger Americans -- to participate in the political process," Chris Handman, Snap's general counsel, said in a statement to Mashable. Snapchat has entrenched itself in the 2016 election, with daily coverage on the campaign trail and at debates. The company, in partnership with TurboVote, is currently running voter registration within the app. Snap Head of News Peter Hamby, who hosts an election-focused show "Good Luck America" on Snapchat, shared news of the ruling on Twitter. So, in part, we can thank Snapchat for our right to take a selfie -- at least in New Hampshire. However, photography near a voting booth is still illegal in dozens of states, with specifics varying state by state. New Hampshire had not received complaints of vote buying or voter intimidation since "at least 1976."
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