How would SCOTUS rule on laws banning ballot photos?
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  How would SCOTUS rule on laws banning ballot photos?
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Question: How would SCOTUS rule on laws banning ballot photos?
#1
Uphold them
 
#2
Strike them down
 
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Total Voters: 17

Author Topic: How would SCOTUS rule on laws banning ballot photos?  (Read 712 times)
they don't love you like i love you
BRTD
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« on: October 10, 2020, 05:24:50 PM »

There's been a few court cases on these laws and all of them have actually held posting a photo of your ballot is protected by the First Amendment.

I'm sure SCOTUS would rule that with the only dissent being Alito because he basically hates the First Amendment and possibly Breyer because he's occasionally idiosyncratic on issues like this.
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Ferguson97
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« Reply #1 on: October 11, 2020, 11:39:30 AM »

They *should* rule that those band are unconstitutional, but who knows how Roberts and Gorsuch will happen to feel that day.
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Skill and Chance
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« Reply #2 on: October 11, 2020, 11:55:43 AM »

Probably uphold them.  Current SCOTUS is extremely deferential to the states on election issues.
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they don't love you like i love you
BRTD
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« Reply #3 on: October 11, 2020, 01:01:52 PM »

They *should* rule that those band are unconstitutional, but who knows how Roberts and Gorsuch will happen to feel that day.
This isn't really an issue I'd expect a straight liberal/conservative split on. For example see Iancu v. Brunetti, another free speech case that had a very strange split. (Kagan wrote the decision, joined by Thomas, Ginsburg, Alito, Gorsuch and Kavanaugh, while Roberts, Sotomayor and Breyer dissented.)
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TJ in Oregon
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« Reply #4 on: October 11, 2020, 05:20:58 PM »

I would hope they uphold them. Free speech isn't an absolute right in all possible contexts and this is one where permitting it undermines the ability to conduct free elections.
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NewYorkExpress
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« Reply #5 on: October 11, 2020, 07:47:47 PM »

They wouldn't take the case up in the first place without a very good reason that hasn't occurred yet.

If it did happen (assuming Amy Coney Barrett makes her way onto the court), I'll say 7-2 in favor of overturning the bans, with Alito and Thomas as the only dissenters.
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politicallefty
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« Reply #6 on: October 17, 2020, 06:48:57 AM »

So far, this Court has been strongly on the side of free speech. Apart from student free speech, I can't really recall a major case where free speech claims have lost. I'd expect a strong but not unanimous vote striking down said laws. (This current Supreme Court isn't easy to predict yet. It was definitely easier before Scalia died.) As others have said, I think Alito would uphold said laws and possibly Breyer (although he could have some strange concurrence or some concur/dissent). Kagan, Sotomayor, Roberts, and Gorsuch would probably be the most likely to strike down. I'd guess Kavanaugh would join them and I could see Thomas joining as well. Justice Thomas mostly views free speech rights as not extending to minors, but otherwise tends to uphold most free speech cases.

I would hope they uphold them. Free speech isn't an absolute right in all possible contexts and this is one where permitting it undermines the ability to conduct free elections.

I have a feeling I know what you mean, but could you elaborate on that point?
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jimrtex
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« Reply #7 on: November 16, 2020, 05:34:52 AM »

So far, this Court has been strongly on the side of free speech. Apart from student free speech, I can't really recall a major case where free speech claims have lost. I'd expect a strong but not unanimous vote striking down said laws. (This current Supreme Court isn't easy to predict yet. It was definitely easier before Scalia died.) As others have said, I think Alito would uphold said laws and possibly Breyer (although he could have some strange concurrence or some concur/dissent). Kagan, Sotomayor, Roberts, and Gorsuch would probably be the most likely to strike down. I'd guess Kavanaugh would join them and I could see Thomas joining as well. Justice Thomas mostly views free speech rights as not extending to minors, but otherwise tends to uphold most free speech cases.

I would hope they uphold them. Free speech isn't an absolute right in all possible contexts and this is one where permitting it undermines the ability to conduct free elections.

I have a feeling I know what you mean, but could you elaborate on that point?
You agree to pay me $5 if I vote for Harambe. I take a ballot selfie to prove to you that I really did vote for Harambe.
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