INDIANAPOLIS (WISH) — An Indiana judge has granted a preliminary injunction that will allow “ballot selfies” at the polls.
Federal Judge Sarah Evans Barker signed the order on Monday.
In her conclusion, Barker wrote that Indiana code “embodies a content-based restriction on speech that cannot survive strict scrutiny because it neither serves compelling state interests nor is narrowly tailored to achieve those interests.”
The American Civil Liberties Union filed a lawsuit against the Indiana Secretary of State, members of the Indiana Election Commission and the superintendent of the Indiana State Police.
The ACLU argued that July 1 legislation that banned digital photographs of ballots and sharing them on social media was a first amendment violation. Under Indiana code, doing so would be a level six felony.