and social media," which may facilitate a future rise in vote buying and voter intimidation schemes. As the district court noted, the prevention of vote buying and voter coercion is unquestionably "compelling in the abstract." Rideout, 123 F. Supp. 3d at 231. But intermediate scrutiny is not satisfied by the assertion of abstract interests. Broad prophylactic prohibitions that fail to "respond[] precisely to the substantive problem which legitimately concerns" the State cannot withstand intermediate scrutiny. Members of City Council of City of L.A. v. Taxpayers for Vincent, 466 U.S. 789, 810 (1984). Digital photography, the internet, and social media are not unknown quantities -- they have been ubiquitous for several election cycles, without being shown to have furthering vote buying or voter intimidation. the effect of As the plaintiffs note, "small cameras" and digital photography "have been in use for at least 15 years," and New Hampshire cannot identify a single complaint of vote buying or intimidation related to a voter's publishing a photograph of a marked ballot during that period. Indeed, Secretary Gardner has admitted that New Hampshire has not received any complaints of vote buying or voter intimidation since at least 1976, nor has he pointed to any such incidents since the nineteenth century. "[T]he government's burden is not met when a 'State evidence offer[s] restriction.'" no or anecdotes in support of its El Día, Inc. v. P.R. Dep't of Consumer Affairs, - 15 -

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