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Professor Moss Secures Injunction Against Ballot Selfie Ban

On Nov. 4, 2016, U.S. District Court Judge Christine Arguello issued a preliminary injunction prohibiting the enforcement of Coloradoā€™s ā€œballot selfieā€ 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 (ā€™08); and Adam Frank, Salahuddin's partner, served as plaintiffsā€™ counsel.

ā€œWhile itā€™s easy to simplify the case into just a ā€˜ballot selfie ban,ā€™ itā€™s really about something much more serious: a state statute that makes Colorado voters criminals if they show their ballots to ²¹²Ō²ā“Ē²Ō±šā€”friends, family, political allies, etc.,ā€ said Moss. ā€œThis is a victory for free speech.ā€

A press release issued by the law firm of Frank & Salahuddin LLC states: ā€œThe law Judge Arguello enjoined isnā€™t just a ā€˜selfieā€™ law, itā€™s an un-American ban on the free expression of disfavored content. The law literally declares you a criminal if you show ²¹²Ō²ā“Ē²Ō±šā€”a friend, a family member, or a political allyā€”your voted ballot. The First Amendment doesnā€™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.ā€

The preliminary injunction is an important first step toward eliminating this law, but the fight isnā€™t over, according to the press release.

ā€œAttorneys 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 Arguelloā€™s preliminary injunction becomes permanent. Voters or journalists with relevant experiences or informationā€”with ballot posts, poll site photography, or a similar issueā€”should contact Mr. Frank to see whether the case might benefit from their insights.ā€

Learn more about the case and .

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

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