Tuesday, August 11, 2015
http://electionlawblog.org/?p=75244
“Federal judge in New Hampshire: Ballot ‘selfies’ are free speech, don’t encourage voter fraud”
Hasen is wrong in his analysis of this case. Strict scrutiny is the standard, not the lax scrutiny of Burdick v Takashi, because selfies are speech, so the court got it right. See Mcintyre v Ohio. The statute goes beyond the mechanism to elections to censoring speech in blogs and online media. The relevant case is Burson v Freeman, which upheld a 100 foot no speech zone around a voting booth as satisfying strict scrutiny.
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