RIDEOUT v. GARDNER | No. 15-2021 | First Circuit | April 22, 2016 | The Cyberlaw Clinic filed an amicus brief (pdf) on behalf of the New England First Amendment Coalition and The Keene Sentinel in the United States Court of Appeals for the First Circuit, in this case addressing the constitutionality of New Hampshire’s so-called “ballot selfie” law. N.H. Rev. Stat. Ann. § 659:35 prohibits “taking a digital image or photograph of [one’s] marked ballot and distributing or sharing the image via social media.” Arguing that the statute is unconstitutional under the First Amendment, the brief notes that it prohibits many types of speech that play important roles in elections, and democracy more generally. The brief highlights specific examples of times when photographs of ballots helped the public clear up misunderstandings about government conduct, demonstrated how to ensure that one’s vote would be counted, and conveyed messages about civic participation and advocacy for a candidate that could not expressed with words alone. Spring 2016 Cyberlaw Clinic students Michael Linhorst and Jacqueline Wolpoe took the lead on this brief, working closely with Managing Director Chris Bavitz and Clinical Fellow Andy Sellars.
The Initiative for a Representative First Amendment (IfRFA) is now accepting applications for summer 2020! IfRFA provides funded fellowships to law students of marginalized identities who are interested in First Amendment work. Learn more or apply ➡️➡️➡️ ifrfa.org!
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Great to hear that SCOTUS has granted cert in the Oracle/Google case, re: copyright and APIs. The @cyberlawclinic submitted an amicus brief earlier this year on behalf of IP scholars supporting the petition for certiorari, focused on fair use issues. clinic.cyber.harvard.edu/2019…