Exit Polls and the First Amendment
By Shawn Healy
A federal judge struck down a Florida law restricting access to voters by the media on Election Day as news affiliates conduct exit polls last week. Similar laws are enduring scrutiny elsewhere, including Ohio and Nevada. By equating exit polls with electioneering, Florida legislators infringed upon First Amendment protections. While citizens have reason to be skeptical of exit polls given their inaccuracy during the 2000 (Florida to Gore before the polls closed on the West Coast) and 2004 (Kerry leading early on due to an oversampling of Democratic voters) presidential elections, the press has an equal right to conduct, and hopefully perfect them during this election cycle and the ones to follow.
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