RIDEOUT v. GARDNER

No. 15-2021.

838 F.3d 65 (2016)

Leon H. RIDEOUT, Andrew Langlois, Brandon D. Ross, Plaintiffs, Appellees, v. William M. GARDNER, in his official capacity as Secretary of State of the State of New Hampshire, Defendant, Appellant.

United States Court of Appeals, First Circuit.

September 28, 2016.


Attorney(s) appearing for the Case

Stephen G. LaBonte , Assistant Attorney General, with whom Joseph A. Foster , New Hampshire Attorney General, and Laura E. B. Lombardi , Senior Assistant Attorney General, were on brief, for appellant.

Gilles R. Bissonnette , with whom American Civil Liberties Union of New Hampshire, William E. Christie , and Shaheen & Gordon, P.A., Concord, NH, were on brief, for appellees.

Christopher T. Bavitz , New York, NY, Cyberlaw Clinic, Harvard Law School, Justin Silverman , Sherman Oaks, CA, and Andrew F. Sellars on brief for The New England First Amendment Coalition and The Keene Sentinel, amici curiae.

Eugene Volokh , Los Angeles, CA, and Scott & Cyan Banister First Amendment Clinic, UCLA School of Law on brief for the Reporters Committee for Freedom of the Press, amicus curiae.

Neal Kumar Katyal , Sean Marotta , Hogan Lovells US LLP, Washington, DC, Christopher T. Handman , and Dominic F. Perella on brief for Snapchat, Inc., amicus curiae.

Before Lynch, Lipez, and Thompson, Circuit Judges.


In 2014, New Hampshire amended a statute meant to avoid vote buying and voter intimidation by newly forbidding citizens from photographing their marked ballots and publicizing such photographs. While the photographs need not show the voter, they often do and are commonly referred to as "ballot selfies." The statute imposes...

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