On Nov. 4, 2016, U.S. District Court Judge Christine Arguello issued a preliminary injunction prohibiting the enforcement of Colorado鈥檚 鈥渂allot selfie鈥� ban, which makes it a crime for voters to show anyone their completed ballot, whether in person or online.
Professor Scott Moss; University of Colorado Law School alumnus Faisal Salahuddin (鈥�08); and Adam Frank, Salahuddin's partner, served as plaintiffs鈥� counsel.
鈥淲hile it鈥檚 easy to simplify the case into just a 鈥榖allot selfie ban,鈥� it鈥檚 really about something much more serious: a state statute that makes Colorado voters criminals if they show their ballots to 补苍测辞苍别鈥攆riends, family, political allies, etc.,鈥� said Moss. 鈥淭his is a victory for free speech.鈥�
A press release issued by the law firm of Frank & Salahuddin LLC states: 鈥淭he law Judge Arguello enjoined isn鈥檛 just a 鈥榮elfie鈥� law, it鈥檚 an un-American ban on the free expression of disfavored content. The law literally declares you a criminal if you show 补苍测辞苍别鈥�a friend, a family member, or a political ally鈥攜our voted ballot. The First Amendment doesn鈥檛 let the government declare you a criminal for sharing your political views, or votes, or for writing political posts with certain content the government wants to stop you from sharing.鈥�
The preliminary injunction is an important first step toward eliminating this law, but the fight isn鈥檛 over, according to the press release.
鈥淎ttorneys Adam Frank, Faisal Salahuddin, and Scott Moss will continue their fight on behalf of the free speech rights of both the named Plaintiffs and all Colorado residents to ensure that Judge Arguello鈥檚 preliminary injunction becomes permanent. Voters or journalists with relevant experiences or information鈥攚ith ballot posts, poll site photography, or a similar issue鈥攕hould contact Mr. Frank to see whether the case might benefit from their insights.鈥�
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The case will continue to a final judgment now that the election has concluded.
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