Ballot selfies being illegal actually makes sense to me, because it would provide a means for people to verifiably sell their vote, as well as for controlling spouses to force the content of their partner's vote. Best to prevent both of those.
I'm not making a claim that it happens in any large amount, I'm making a claim that ballot selfies would enable this kind of thing happening (it may be difficult to detect).
It's not hard to imagine how either could happen. Poor person who wasn't planning on voting is approached by a rich person to vote a particular way, with proof that they did in a ballot selfie.Other might be a controlling husband who feels he gets to decide how the family as a whole votes.
If ballot selfies are illegal then poll site staff could prevent people from doing it at the poll site, and close the concern.
Further to your point (and FIRE’s litigation) regarding ballot selfies, you might like to know what Montesquieu wrote about 20 years before the Continental Congress used the Declaration of Independence to declare the people's independence from oppressive government. As you (and at least some judges) know, Montesquieu’s Spirit of the Laws powerfully and profoundly influenced the generations who founded this nation and framed our Constitution). Here's some of what Montesquieu wrote about sovereignty and the speech of sovereigns. See https://press-pubs.uchicago.edu/founders/documents/v1ch2s3.html 3/.
“When the body of the people is possessed of the supreme power, it is called a democracy.”
“In a democracy the people are in some respects the sovereign, and in others the subject.”
“The people, in whom the supreme power resides, ought to have the management of everything within their reach: that which exceeds their abilities must be conducted by their ministers,” i.e., by their representatives in government.
One of the most important (but least appreciated) facts of our republican form of government that a crucial “exercise of sovereignty” of the people is “by their suffrages.” The sovereign people choose (or indicate how their delegates should choose) their representatives by voting and by otherwise speaking about them. So establishing who possesses "a right of suffrage is a fundamental law in republics," and "the manner of giving this suffrage is another fundamental." Suffrage (voting) necessarily is the speech of sovereigns in a republic. The power to vote is a primary badge of sovereignty. That's what makes the Constitution's Amendments XV, XIX, XXIV and XXVI so powerful and important. Each such amendment was truly revolutionary.
"The law which determines the manner of giving suffrage is likewise fundamental in a democracy. It is a question of some importance whether the suffrages ought to be public or secret.” “The people's suffrages ought doubtless to be public; and this should be considered as a fundamental law of democracy.”
SCOTUS (in two of its most important and best decisions) emphasized how Madison emphasized that Montesquieu’s views (about sovereignty and the speech of sovereign citizens) were implemented in our Constitution (and definitely not merely or even primarily in the First Amendment). See, e.g., A Great Dangerous Lie by Fake Originalists on SCOTUS (Part III) https://blackcollarcrime.substack.com/p/a-great-dangerous-lie-by-the-fake-0b2?r=30ufvh
Ballot selfies being illegal actually makes sense to me, because it would provide a means for people to verifiably sell their vote, as well as for controlling spouses to force the content of their partner's vote. Best to prevent both of those.
I'm curious how exactly people these days (in the US) buy or sell votes.
Voter intimidation also already is illegal. See https://www.justice.gov/crt/media/1348556/dl?inline
I'm not making a claim that it happens in any large amount, I'm making a claim that ballot selfies would enable this kind of thing happening (it may be difficult to detect).
It's not hard to imagine how either could happen. Poor person who wasn't planning on voting is approached by a rich person to vote a particular way, with proof that they did in a ballot selfie.Other might be a controlling husband who feels he gets to decide how the family as a whole votes.
If ballot selfies are illegal then poll site staff could prevent people from doing it at the poll site, and close the concern.
Harvard continues to justify its last place free speech ranking.
Further to your point (and FIRE’s litigation) regarding ballot selfies, you might like to know what Montesquieu wrote about 20 years before the Continental Congress used the Declaration of Independence to declare the people's independence from oppressive government. As you (and at least some judges) know, Montesquieu’s Spirit of the Laws powerfully and profoundly influenced the generations who founded this nation and framed our Constitution). Here's some of what Montesquieu wrote about sovereignty and the speech of sovereigns. See https://press-pubs.uchicago.edu/founders/documents/v1ch2s3.html 3/.
“When the body of the people is possessed of the supreme power, it is called a democracy.”
“In a democracy the people are in some respects the sovereign, and in others the subject.”
“The people, in whom the supreme power resides, ought to have the management of everything within their reach: that which exceeds their abilities must be conducted by their ministers,” i.e., by their representatives in government.
One of the most important (but least appreciated) facts of our republican form of government that a crucial “exercise of sovereignty” of the people is “by their suffrages.” The sovereign people choose (or indicate how their delegates should choose) their representatives by voting and by otherwise speaking about them. So establishing who possesses "a right of suffrage is a fundamental law in republics," and "the manner of giving this suffrage is another fundamental." Suffrage (voting) necessarily is the speech of sovereigns in a republic. The power to vote is a primary badge of sovereignty. That's what makes the Constitution's Amendments XV, XIX, XXIV and XXVI so powerful and important. Each such amendment was truly revolutionary.
"The law which determines the manner of giving suffrage is likewise fundamental in a democracy. It is a question of some importance whether the suffrages ought to be public or secret.” “The people's suffrages ought doubtless to be public; and this should be considered as a fundamental law of democracy.”
SCOTUS (in two of its most important and best decisions) emphasized how Madison emphasized that Montesquieu’s views (about sovereignty and the speech of sovereign citizens) were implemented in our Constitution (and definitely not merely or even primarily in the First Amendment). See, e.g., A Great Dangerous Lie by Fake Originalists on SCOTUS (Part III) https://blackcollarcrime.substack.com/p/a-great-dangerous-lie-by-the-fake-0b2?r=30ufvh
Amanda Knox who got her innocent black boss arrested? That Amanda Knox?
https://www.staugustine.com/story/opinion/2011/09/12/ann-coulter-amanda-knox-new-mumia/16196084007/