If millennials are the selfie generation, this election sure has taken that trend to its extreme.
The internet has recently been lit aflame with a new trend — ballot selfies.
For the unacquainted, ballot selfies are when a voter photographs oneself with his or her ballot to post it on social media.
Lots of people, not just millennials, are enjoying sharing their voting preferences with followers and friends on the internet.
Then again, is it really a trend in 2016 if it does not incite controversy? Fortunately, ballot selfies have brought plenty of their own.
Eighteen states have laws on the books prohibiting taking pictures of ballots. Six allow pictures of absentee ballots but still bar pictures in polling places. The American Civil Liberties Union of California is currently suing in that state by claiming such laws violate the First Amendment.
The Editorial Board falls on the side of the ACLU here. While acknowledging that these laws seek to prevent voter intimidation — since no one can retaliate on a voter if no evidence of how they voted exists — we feel First Amendment concerns outweigh this.
Most importantly, there is no compulsion to take so-called ballot selfies. This minimizes the privacy and voter-intimidation concerns because it is a purely personal decision. Ballots are standardized with only regional differences appearing. This means there is no personally identifiable information on a ballot. The only way such a picture becomes tied to a specific individual is if that individual publicizes it.
Voting is the zenith of the American political system. It does not make sense that Americans would be allowed to express their preference for candidates in private during an election but not publicize that preference.
Additionally, the First Amendment protects the right of Americans to speak about which candidate they prefer publicly, and this right extends to all other forms of media, be it picture, video or in writing. There is no reason for a narrow exception to this general rule for ballots. After all, showing that you walk the walk is just as important as talking the talk leading up to an election.
Fortunately, this seems to be the rule in Indiana. A federal judge issued an injunction last year against enforcing the state’s law prohibiting ballot selfies. Similar to the situation in California, the ACLU of Indiana sued and claimed the law violated the First Amendment.
So, Hoosiers, go forth and snap your ballots. With the election winding down, this may be your last chance, one final hurrah, to broadcast your political preferences all over Facebook. This kind of opportunity only comes every four years — do not let it go to waste!
