Legal Opinion

Silberberg v. Board of Elections of New York

District Court, S.D. New York

Decided September 28, 2017No. 16-cv-8336 (PKC)PublishedCited by 5 opinions

1Opinion of the Court

' MEMORANDUM AND ORDER

CASTEL, Senior District Judge:

These are the Court’s findings of fact and conclusions of law after a bench trial of an action to permanently enjoin a provision of New York Election Law that prohibits the showing of a marked ballot to another person as applied to the taking of a photograph depicting an individual along with that individual’s marked ballot (known as a ballot selfie) and posting it to a social media site. Also challenged is a separate policy of the Board of Elections of the City of New York (the “City Board”) that prohibits photography at polling sites,…

2Cases cited31 opinions

  1. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  2. Perry Education Ass'n v. Perry Local Educators' Ass'nSupreme Court of the United States · 1983
  3. Burdick v. TakushiSupreme Court of the United States · 1992
  4. Washington State Grange v. Washington State Republican PartySupreme Court of the United States · 2008
  5. Reed v. Town of GilbertSupreme Court of the United States · 2015

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3Cited by5 opinions

  1. Black Lives Matter v. Town of ClarkstownDistrict Court, S.D. Illinois · 2018
  2. Oettle v. GuthrieAppellate Court of Illinois · 2020
  3. Oettle v. GuthrieAppellate Court of Illinois · 2020
  4. Alison Kareem v. Cuyahoga County Board of Elections, et al.District Court, N.D. Ohio · 2026
  5. DeRouseau v. KorzeilusDistrict Court, S.D. New York · 2025

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