to the language of the very limitation proposed by the minority of
the House Criminal Justice Committee, but rejected by the majority
of
that
Committee.
The
ballot-selfie
prohibition
"burn[ing down] the house to roast the pig."
is
like
Butler v. Michigan,
352 U.S. 380, 383 (1957).
There are strong First Amendment interests held by the
voters in the speech that this amendment prohibits.
As the Supreme
Court has said, "[t]he use of illustrations or pictures . . .
serves
important
communicative
functions:
it
attracts
the
attention of the audience to the [speaker's] message, and it may
also serve to impart information directly."
Zauderer v. Office
of Disciplinary Counsel, 471 U.S. 626, 647 (1985).
The restriction affects voters who are engaged in core
political speech, an area highly protected by the First Amendment.
As amici point out, there is an increased use of social media and
ballot selfies in particular in service of political speech by
voters.9
A ban on ballot selfies would suppress a large swath of
9
Amicus
Snapchat
stresses
that
"younger
voters
participate in the political process and make their voices heard"
through the use of ballot selfies. According to the Pew Research
Center, in the 2012 election, "22% of registered voters have let
others know how they voted on a social networking site such as
Facebook or Twitter," "30% of registered voters [were] encouraged
to vote for [a particular candidate] by family and friends via
posts on social media such as Facebook and Twitter," and "20% of
registered voters have encouraged others to vote by posting on a
social networking site." Lee Raine, Pew Research Center, Social
Media and Voting (Nov. 6, 2012), http://www.pewinternet.org/
2012/11/06/social-media-and-voting/.
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