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75 Rutgers Univ. L. Rev. Commentaries 101 (2022-2023)

handle is hein.journals/rgsusty75 and id is 1 raw text is: WHY GEORGIA'S VOTING RIGHTS LEGISLATION VIOLATES THE FIRST AMENDMENT Aaliyah Milson* TABLE OF CONTENTS INTRODUCTION......................................................................................... 101 I. SB 202 AN D ITS E FFECT ........................................................................ 102 II. CURRENT WAYS TO CHALLENGE VOTING LAWS AND THE DIFFICULTIES................................................................................ 103 III. THE FIRST AMENDMENT ARGUMENT AGAINST SB202...................... 104 A. Voting as Speech ................................................................... 104 B . Content-Based R estrictions .................................................. 106 CONCLUSION............................................................................................ 113 INTRODUCTION Voting rights jurisprudence in the United States has faced substantial changes since the adoption of the original Constitution, when only white male property owners could vote.I The Constitution does not explicitly provide protection of the right to vote.2 Hence, Black and other minority voters had been denied the right to vote, and once they were allowed to vote, they faced restrictions in voting.3 Even with the passage of the Fourteenth and Fifteenth Amendments of the Constitution, Black voters still faced disenfranchisement.4 It was not until the passage of the * J.D. Candidate, Rutgers Law School, Newark. I am grateful to my faculty advisor, Professor John Leubsdorf for his thoughtful insight and my family for their unwavering support. 1. Lesley Kennedy, Voting Rights Milestones in America: A Timeline, HIST. (Apr. 19, 2021), https://www.history.com/news/voting-rights-timeline. 2. Angelys Torres McBride, The Evolution of Voting Rights in America, NAT'L CONST. CTR. (May 27, 2021), https://constitutioncenter.org/blog/the-evolution-of-voting-rights-in- america. 3. See generally Chandler Davidson, The Voting Rights Act: A Brief History, in CONTROVERSIES IN MINORITY VOTING: THE VOTING RIGHTS ACT IN PERSPECTIVE (Bernard Grofman & Chandler Davidson eds., 1992) (providing an overview of the Voting Rights Act and its significance after the first Reconstruction era). 4. Id. at 7. 101

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