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SILBERBERG v. BD. OF ELECTIONS OF THE STATE OF NY

16-cv-8336 (PKC).

216 F.Supp.3d 411 (2016)

Eve SILBERBERG, Jennifer Rebecca White, and Michael Emperor, Plaintiffs, v. BOARD OF ELECTIONS OF THE STATE OF NEW YORK, Co-Chairs Peter S. Kosinski and Douglas A. Kellener, Commissioners Andrew J. Spano and Gregory P. Peterson; Board of Elections of the City of New York President Maria R. Guastella, Secretary Frederic M. Umane, and Commissioners Jose Miguel Araujo, John Flateau, Ph.D., Lisa Grey, Michael Michel, Michael A. Rendino, Alan Schulkin, Simon Shamoun, Rosanna Vargas; New York County District Attorney's Office, District Attorney Cyrus Vance; Kings County District Attorney's Office, District Attorney Eric Gonzalez, Defendants.

United States District Court, S.D. New York.

Signed November 3, 2016.

Editors Note
Applicable Law: 42 U.S.C. § 1983
Cause: 42 U.S.C. § 1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Source: PACER

Attorney(s) appearing for the Case

Leo Glickman , Amy Robinson , Stoll, Glickman & Bellina, LLP, Brooklyn, NY, for Plaintiffs.

John Michael Schwartz , State of New York Office of the Attorney General, Douglas A. Kellner , Kellner Herlihy Getty & Friedman LLP, Stephen Edward Kitzinger , New York City Law Depart. Office of the Corporation Counsel, New York, NY, for Defendants.

MEMORANDUM AND ORDER

This is an action to enjoin the enforcement of a provision of New York Election Law. According to the parties, the provision bars the taking of "ballot selfies," the act of photographing one's image together with one's marked ballot for the purpose of posting the photograph on a social media site....

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