United States First Circuit
Rideout v. Gardner, 15-2021
In a constitutional challenge to a statute meant to avoid vote buying and voter intimidation by newly forbidding citizens from photographing their marked ballots and publicizing such photographs, commonly referred to as 'ballot selfies,' N.H. Rev. Stat. Ann. section 659:35, the District Court judgment that the statute is a content-based restriction of speech that on its face violates the First Amendment is affirmed on the narrower ground that the statute as amended fails to meet the test for intermediate scrutiny under the First Amendment and that the statute's purposes cannot justify the restrictions it imposes on speech.
Appellate Information
- Decided
- Published 2016/09/28
Judges
- LYNCH
Court
- United States First Circuit