New Hampshire voters seeking to express themselves in the voting booth with a so-called ballot selfie will be able to snap freely after a federal appeals court ruled that a ban against the practice infringed on free speech.
The decision, issued Wednesday, ended a legal process that began when ballot selfies were first banned in the state in 2014, in order to avoid vote buying and voter intimidation, and to preserve a historically private voting process.
Last year, a federal court overturned a ban on the photos, and the case went to an appeals court.
Bill Gardner, New Hampshire’s secretary of state, essentially argued that people who took photos of their ballots could be intimidated or otherwise compelled into showing proof of their vote.
Then, in April, Snapchat got involved.
The company filed an amicus brief that argued that ballot selfies were “the latest way that voters, especially young voters, engage with the political process.”
Two other organizations, the New England First Amendment Coalition and the Reporters Committee for Freedom of the Press, also filed amicus briefs and said that the issue of voter intimidation was overblown in this case.
“There isn’t much evidence, if any at all, that this kind of activity is actually occurring,” Justin Silverman, the executive director of the New England First Amendment Coalition, told The Times in April.
On Wednesday, Chris Handman, general
counsel for Snapchat, which is renaming itself Snap Inc., praised the ruling in a statement.
“Today’s ruling is a victory for free speech in the digital age,” Mr. Handman said. “We’re thrilled the court recognized that ballot selfies are an important way for Americans especially younger Americans to participate in the political process.”
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