DENVER CO.- The civil rights lawsuit filed by the Libertarian Party of Colorado’s Communications Director, and Libertarian National Committee Region 1 Representative, Caryn Ann Harlos, has won its first victory in winning a preliminary injunction allowing Colorado voters to post images of their completed mail-in ballots to social media without any fear of prosecution or threats of prosecution. The lawyers representing Harlos and two co-Plaintiffs released the following:
Date: November 4, 2016
Contact Person: Adam Frank, Esq. (email@example.com) FRANK & SALAHUDDIN LLC
In a victory for the free speech rights of all Coloradoans, United States District Court Judge Christine Arguello has entered a preliminary injunction prohibiting the enforcement of Colorado’s ban on showing anyone your completed ballot, whether in person or in a posted “ballot selfie.” Coloradoans should be aware, however, that polling locations may have rules prohibiting photography at the polling location, and these rules will still be enforced.
Today’s order is a preliminary injunction – it is an important step towards eliminating this unconstitutional law, but the fight isn’t over. 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.
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.
Looking past 2016, Coloradoans should be permitted to express their civic pride in their vote as they see fit, whether they vote by mail or in person. This isn’t a Democratic or a Republican or a Libertarian issue. It’s an American issue. Political speech about an election is at the core of the First Amendment’s free speech protections. FRANK & SALAHUDDIN LLC, a law firm that fights for the rights of individuals as civil rights plaintiffs and as criminal defendants, is proud to fight for the free speech rights of all Coloradoans.