North Carolina Threatened To Prosecute Her for Taking a ‘Ballot Selfie.’ Now, She’s Suing.
There’s a pretty good chance you’ve taken a “ballot selfie”—a picture of or with your completed ballot. Around one in 10 Americans say they have, and pictures of filled-in ballots are common on social media during election season. However, taking a picture of your ballot is a crime in 14 states, leading to possible fines and jail time.
A North Carolina woman is challenging her state’s ban on ballot selfies, arguing that she has a First Amendment right to take a picture of her own ballot—and to post it online.
“Ballot selfie bans turn innocent Americans into criminals for nothing more than showing their excitement about how they voted, or even just showing that they voted,” said Jeff Zeman, an attorney for the Foundation for Individual Rights and Expression (FIRE), the First Amendment group that filed the suit. “That’s core political speech protected by the First Amendment.”
According to the lawsuit, North Carolina resident Susan Hogarth took a photo this March with her completed primary ballot. She posted the photo to X, with the caption: “Laws against #ballotselfie are bullshit.”
Just a week after the primary election, Hogarth received a letter from the North Carolina State Board of Elections threatening prosecution for her post, demanding that she take down the post or face legal action. As of the filing of the suit, Hogarth’s post had received less than 3,000 views—hardly a viral post. Hogarth has refused to take down the post and says that she will continue to take ballot selfies.
“Between March 2016 and March 2024, the State Bo
Article from Latest
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.