Free speech rights of judges before U.S. Supreme Court

The U.S. Supreme Court heard oral arguments in a Florida case over a campaign law restricting judicial candidates from soliciting campaign contributions. A public defender seeking election to a county court signed a letter announcing her candidacy and asking for contributions and was reprimanded and fined under state law. Those against the law point out that it is not illegal to accept contributions just solicit them. Thus the law restricts speech. (Montgomery Advertiser, January 26, 2015, by David B. Rivkin Jr. and Andrew M. Grossman)

Writing for the National Review, January 23, 2015, Carrie Severino noted that a number of the justices hearing the case, Williams-Yulee v. The Florida Bar, appear to be uncomfortable with the idea of electing judges and their engaging in the unpleasant tasks of asking for money and running a campaign. But Severino points out that Florida chose judicial elections so it follows that judges would have to wade in muddy political waters. Given that situation, the Supreme Court seem to reject restrictions on their speech. “…Florida must show a compelling interest in limiting judicial candidates’ speech.  And as uncomfortable as some aspects of judicial elections made the justices, they and the parties seemed to agree that ‘judicial dignity’ wasn’t a strong enough reason to limit speech,” writes Severino.