>> Selfies are taken everywhere these days, from the tallest skyscrapers to the most dangerous places on earth. But there's a place in certain parts of the US where the act of taking a selfie is against the law, at the voting booth. Reuters' 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 ballot selfie bans. The ACLU has brought two cases, one in Indiana and in New Hampshire, challenging laws that specifically prohibited 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 rules 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 banned 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But others say those laws are outdated.>> These laws are very broad in scope, they bar an entire category of speech. And courts have said that's not narrowly tailored enough. And the First Circuit actually said that barring ballot selfies to restrict the tiny fraction of people who may be engaged in vote buying or coercive schemes is like burning down your house to roast a pig.
>> This week, Justin Timberlake made ballot selfies a sensation when he posted a photo of himself casting an early ballot in Memphis. Tennessee Law prohibits that act and the local district attorney's office initially said it was looking into the matter, but later said, perhaps after seeing the many rulings in favor of ballot selfies, that no investigation was underway.