Pilcher v. Dunn et al

In 2021, Georgia enacted a law making it illegal to photograph or record a voted ballot within 150 feet of a polling place. Sharpe Pilcher, a citizen who wanted to document potential election irregularities, and the Coalition for Good Governance filed a lawsuit against state election board members, including David J. Dunn. The plaintiffs argued the photography ban violated the First Amendment's guarantee of free speech. On March 31, 2023, the U.S. Court of Appeals for the Eleventh Circuit struck down the law as an unconstitutional content-based restriction on speech, affirming that such documentation is protected expression and failed to meet the strict scrutiny standard.

The Eleventh Circuit ruled the photography ban unconstitutional, affirmed the district court's permanent injunction, and permanently blocked Georgia from enforcing the prohibition.

Whether Georgia's ban on photographing a voted ballot within 150 feet of a polling place constitutes an unconstitutional content-based restriction on freedom of speech under the First Amendment.

The ruling reaffirmed the right of citizens to record and share information about the voting process, bolstering election transparency and accountability. It set a significant precedent that limits similar speech restrictions in other states and protects the role of citizen oversight in democratic elections.