A federal appeals court will hear arguments about a New Hampshire law banning selfies with ballots Tuesday.
Snapchat has joined a challenge to the state law, one of dozens around the nation, arguing bans on the so-called “ballot selfie” are unconstitutional.
Though there is no federal law prohibiting the so-called “ballot selfie,” photographing ballots is illegal in 35 states. There are no express bans on ballot selfies in many of these jurisdictions, but it stands to reason that the practice is captured by the existing ban on photographing votes.
Specifics of the restrictions vary with the state; where some laws are narrowly tailored, others ban photography of any kind inside a voting precinct. The Digital Media Law Project has compiled a dataset on state laws governing ballot documentation, which was accurate as of the last election. (RELATED: Washington Post Pushes Conspiracy Theory That Trump And Putin Poisoned Hillary)
Snapchat has taken up common cause with those battling the restrictions, arguing the practice, popular with many of its users, is a constitutionally-protected First Amendment activity. The social media platform joined litigation challenging a New Hampshire law that forbids voters from revealing their ballot to another with the intent of disclosing how they voted.
Snapchat filed an amicus, or “friend of the court,” brief urging the 1st U.S. Circuit Court of Appeals to affirm a district court ruling striking down the law. Snapchat is represented by its own in-house counsel and by Hogan Lovells partner Neal Kumar Katyal.
“Whether it’s a campaign button or a selfie from the ballot box, Snapchat believes that expressing participation in the democratic process is an important part of free speech and civic engagement that the First Amendment roundly protects,” a Snapchat spokesperson told The Daily Caller News Foundation.
U.S. District Court Judge Paul Barbadoro agreed, and struck down the law as unconstitutional in August 2015.
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