Selfies in the Ballot Box

October 21, 2015

By Keffer Hirschauer LLP

Whether an individual can take a “selfie” of their ballot while in the ballot box? That was one of the issues that was debated recently in the Southern District of Indiana before Judge Sarah Evans Barker.

The ACLU filed a lawsuit asserting that an Indiana law banning individuals from taking pictures of their ballot violates the First Amendment. The State asserts that the ban is constitutional and is aimed at attempting to prevent voter fraud. See (last visited October 14, 2015). The State argued that not having the ban could allow for the sale of votes. However, the ACLU maintains that the law is too broad. On Monday, Judge Sarah Evans Barker ruled in favor of the ACLU. In her 20-page ruling, Judge Barker quoted former Supreme Court Justice Louis Brandeis in noting that “the greatest dangers to liberty lurk in insidious encroachment by men of zeal, well-meaning but without understanding.”

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