Lisa Marshall Manheim, The Nudging Ballot? A Response to Professor Foley, 89 N.Y.U. L. Rev. Online 65 (2014), https://digitalcommons.law.uw.edu/faculty-articles/182
New York University Law Review Online
In a response to Professor Edward Foley's The Speaking Ballot: A New Way to Foster Equality of Campaign Discourse [89 N.Y.U. L. Rev. Online 52 (2014)], Professor Manheim notes that "the speaking ballot may, in fact, affect elections, that influence may be due less to a flourishing of informed and reasoned debate and more to the exploitation of subtle forms of voter manipulation." She raises questions about the decisions faced by election officials on candidate photographs and videos and timing of updated videos. She concludes: "In short, Professor Foley, through his call for the facilitation, rather than the limitation, of campaign-related speech, advances a powerful insight. And by combining the ballot with digital technology, he very well may have identified the rarest of creatures: a potentially effective and constitutionally permissible counterweight to other forms of campaign-related speech. The reform-minded nevertheless should tread carefully."