[JURIST] A judge for the US District Court for the Southern District of New York [official website] on Thursday denied [opinion, PDF] a motion for preliminary injunction [complaint, PDF] challenging the New York law [text] that makes it a misdemeanor crime for voters to post pictures of their ballots on social media. The plaintiffs had challenged [JURIST report] the law last week, claiming that banning “ballot selfies” violates citizens’ freedom of speech and expression and hinders the cultural movement that promotes taking pride in one’s vote. Judge Kevin Castel, however, took issue with how closely the challenge comes to election day and stated that plaintiffs failed to establish a “clear or substantial likelihood” of success required to justify injunction. Castel further stated that “the public’s interest in orderly elections outweighs the plaintiffs’ interest in taking and posting ballot selfies”. The plaintiff have expressed [Reuters report] their disappointment in the ruling and do not intend to file an appeal at this time.

Voter rights continue to plague this election cycle, and more courts have examined the issue of ballot selfies approaching the US general election. Currently 18 states have restricted the practice of taking of ballot selfies. On Thursday a federal judge denied [JURIST report] a legal challenge to the California’s ban on ballot selfies. Last week the US Court of Appeals for the Sixth Circuit granted a stay [JURIST report] on the preliminary injunction that had halted Michigan’s ban on taking ballot selfies. In November a similar law banning the ballot selfie was rejected [JURIST report] in New Hampshire.