>> Selfies are taking everywhere these days, from the tallest skyscrapers to the most dangerous places on earth. But there's a place in certain parts of the U.S. where the active taking a selfie is against the law, at the voting booth. Whether is legal columnist Alison Frankel says, now many Americans are challenging the law and judges are siding with them.
>> There is a bit of a movement to challenge selfie ballot, selfie bans. The ACLU has brought two cases, one in Indiana and one in New Hampshire. Challenging laws that specifically prohibited people, voters from taking pictures of themselves with their ballots. And then a not for profit group has brought cases in Michigan and Colorado, against states that are applying old laws to now prohibit voters from taking ballot selfies.
All of the judges who have ruled so far in these cases have said that, ballot selfie bans are an unconstitutional restriction of voters free speech rights.>> More than a dozen states ban voters from taking ballot selfies. And the state officials who defend the ban, argue that it could facilitate voter fraud.
Either by paying or forcing people to vote a certain way, but others say those laws are outdated.>> The reason for the law dates back way, way back to the 1900s before ballots were secret and those have been reinterpreted in the age of television cameras and cellphones to bar photographs of ballots.
>> This week Justin Timberlake made ballot selfies a sensation when he posted a photo of himself casting a early ballot in Memphis. NAS law prohibits that act, and the local district attorneys office initially said was looking into the matter. But later said, perhaps after seeing the many rulings in favor of ballot selfies, that no investigation was on their way.
>> These laws are very broad in scope. They bar an entire category of speech. The speech being taking a picture of yourself with your ballot, and the court if said that's not narrowly tailored enough. And the first circuit actually said, that barring ballet selfies to restrict the tiny fraction of people who maybe engaged in vote buying or coercive schemes, is like burning down your house to roast a pig.