original) (quoting Riley v. Nat'l Fed'n of Blind of N.C., Inc.,
487 U.S. 781, 795 (1988)).7
New Hampshire has "too readily forgone options that
could serve its interests just as well, without substantially
burdening" legitimate political speech.
Id. at 2537.
At least
two different reasons show that New Hampshire has not attempted to
tailor its solution to the potential problem it perceives.
First,
the prohibition on ballot selfies reaches and curtails the speech
rights of all voters, not just those motivated to cast a particular
vote for illegal reasons.
New Hampshire does so in the name of
trying to prevent a much smaller hypothetical pool of voters who,
New Hampshire fears, may try to sell their votes.
New Hampshire
admits that no such vote-selling market has in fact emerged.
to
the
extent
that
the
State
hypothesizes
this
will
And
make
intimidation of some voters more likely, that is no reason to
infringe on the rights of all voters.
Second, the State has not demonstrated that other state
and federal laws prohibiting vote corruption are not already
adequate to the justifications it has identified.
See 18 U.S.C.
§ 597 (prohibiting buying or selling votes); 52 U.S.C. § 10307(b)
7
Amicus curiae Snapchat notes, by analogy, that other
circuits have similarly held bans on petit juror interviews to
fail at narrow tailoring. See In re Express-News Corp., 695 F.2d
807, 808 (5th Cir. 1982); United States v. Sherman, 581 F.2d 1358,
1360–61 (9th Cir. 1978). We need not examine the analogy.
- 18 -
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents