Published: Nov. 21, 2016

On Nov. 4, 2016, U.S. District Court Judge Christine Arguello issued a preliminary injunction prohibiting the enforcement of Colorado’s “ballot selfie” 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 (’08); and Adam Frank, Salahuddin's partner, served as plaintiffs’ counsel.

“While it’s easy to simplify the case into just a ‘ballot selfie ban,’ it’s really about something much more serious: a state statute that makes Colorado voters criminals if they show their ballots to anyone—friends, family, political allies, etc.,” said Moss. “This is a victory for free speech.”

A press release issued by the law firm of Frank & Salahuddin LLC states: “The law Judge Arguello enjoined isn’t just a ‘selfie’ law, it’s an un-American ban on the free expression of disfavored content. The law literally declares you a criminal if you show anyone—a friend, a family member, or a political ally—your voted ballot. The First Amendment doesn’t 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.”

The preliminary injunction is an important first step toward eliminating this law, but the fight isn’t over, according to the press release.

“Attorneys 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’s preliminary injunction becomes permanent. Voters or journalists with relevant experiences or information—with ballot posts, poll site photography, or a similar issue—should contact Mr. Frank to see whether the case might benefit from their insights.”

Learn more about the case here and read Judge Arguello’s order.

The case will continue to a final judgment now that the election has concluded.

Photo by Corey Taratura.