Voting Is Speech

Armand Derfner is a partner at Derfner & Altman in Charleston, South Carolina, and is Constitutional Law Scholar in Residence at Charleston School of Law. He began trying voting cases in Mississippi in 1965, at the dawn of the Voting Rights Act. J. Gerald Hebert is Executive Director of the Campaign Legal Center and also oversees the Voting Rights Institute, a collaborative project of Georgetown University Law Center, the Campaign Legal Center, and the American Constitution Society. He is an Adjunct Professor of Law at Georgetown University Law Center and at New York Law School. Mr. Hebert served in the Civil Rights Division of the U.S. Department of Justice from 1973-1994. The authors have tried and argued hundreds of voting and free speech cases over the past 40+ years in the Supreme Court of the United States and in other federal and state courts throughout the country. The authors currently represent plaintiffs in the pending Texas voter ID challenge, Veasey v. Abbott. We are grateful to Noah Lindell, Courtney Dixon, and Danielle Lang for helpful comments and suggestions. We are also grateful to the Yale Law & Policy Review for careful editing.