(cross posted at the Citizen Media Law Project)
As noted in the Documenting Your Vote section of CMLP's Legal Guide, several states have laws prohibiting voters from displaying their ballots to someone else.
In Missouri, an anonymous blogger who sponsored a fake campaign for St. Louis Blues hockey player T.J. Oshie to become mayor of O'Fallon, Missouri posted a picture of a ballot with Oshie's name written in. (Although the blog remains, the photo -- available here -- has been removed.) This is an apparent violation of Mo. Rev. Stat. § 115.637 (14), which prohibits a voter from "allowing his ballot to be seen by any person with the intent of letting it be known how he is about to vote or has voted." Violation is a a class-four election offense, punishable by up to a $2,500 fine and/or up to a year in jail.
What the blogger probably saw as a harmless prank was taken seriously by St. Charles County elections director Rich A. Chrismer, who told the St. Louis Post-Dispatch that the blogger "violated the law, and I'm going to prosecute." "They may have thought the photo was cute," he continued, "but it was very serious."
Why all the fuss?
Apr 27, 2009
Apr 13, 2009
First Circuit Webcasting Argument Stems From Long History of Rules on Cameras in Courts
(cross posted at the Citizen Media Law Project)
On Wednesday, April 8, the First Circuit Court of Appeals in Boston heard oral argument (mp3) on whether a trial of a Boston University student sued for music downloading, Sony BMG Music v. Tenenbaum, should be allowed to be webcast live. Federal district judge Nancy Gertner had agreed to allow the webcast, but the recording industry plaintiffs appealed.
Update: On April 14, the 1st Circuit issued its opinion barring the webcast. The court held that Local Rule 83.3 (discussed below) must be read in its entirety, and in light of the Judicial Conference and 1st Circuit directives on the issue, and thus limits broadcasting of court proeccedings for preservation of evidence, perpetuation of a record, or to broadcast investitive, ceremonial, or naturalization proceedings.
On Wednesday, April 8, the First Circuit Court of Appeals in Boston heard oral argument (mp3) on whether a trial of a Boston University student sued for music downloading, Sony BMG Music v. Tenenbaum, should be allowed to be webcast live. Federal district judge Nancy Gertner had agreed to allow the webcast, but the recording industry plaintiffs appealed.
Update: On April 14, the 1st Circuit issued its opinion barring the webcast. The court held that Local Rule 83.3 (discussed below) must be read in its entirety, and in light of the Judicial Conference and 1st Circuit directives on the issue, and thus limits broadcasting of court proeccedings for preservation of evidence, perpetuation of a record, or to broadcast investitive, ceremonial, or naturalization proceedings.
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