...It seems like an obvious proposition that a citizen registering to vote or casting a ballot is engaging in free speech, a fundamental right entitled to full protection under the First Amendment to the United States Constitution. This simple proposition is especially fitting in light of the broad First Amendment protection extended to the dollars spent in political campaigns to influence votes.
But the current Supreme Court rarely scrutinizes voting regulations as it does other speech regulations. The Court treats spending to influence voters in elections—by candidates, political parties, individuals, corporations, labor unions, and others, including anonymous contributors who might well be international terrorists—as free speech entitled to robust First Amendment protection against state and federal limitation. Any limitations on such speech are subjected to strict scrutiny.
Registering and voting, on the other hand, are given short shrift by the Court. Burdens on voter registration and voting are not analyzed under strict First Amendment standards, and therefore the Court has allowed states excessive latitude to restrict voters’ access to the ballot box.
The Court should change course, fully acknowledge the expressive nature of voting, and grant voting the same First Amendment protections as the money spent to influence it.
http://ylpr.yale.edu/voting-speech
Is Voting Speech?
https://opinionator.blogs.nytimes.com/2011/06/20/is-voting-speech/?mcubz=0
