Supreme Court Upholds Ban on Judicial Election Fundraising

Free Speech & Election Law and Professional Responsibility & Legal Education Practice Groups Courthouse Steps Teleforum

On April 29, the United States Supreme Court issued a 5-4 opinion in Williams-Yulee v. Florida Bar allowing states to bar candidates for judgeships from personally asking for campaign donations. Writing for the majority, Chief Justice Roberts noted the importance of “public confidence in the integrity of the judiciary,” concluding that “States may regulate judicial elections differently than they regulate political elections, because the role of judges differs from the role of politicians.” In dissent, Justice Scalia noted that the majority disregarded “one settled First Amendment principle after another” to reach its result.

  • Prof. Brian T. Fitzpatrick, Vanderbilt University Law School
  • Erik S. Jaffe, Sole Practitioner, Erik S. Jaffe, PC

On April 29, the United States Supreme Court issued a 5-4 opinion in Williams-Yulee v. Florida Bar allowing states to bar candidates for judgeships from personally asking for campaign donations. Writing for the majority, Chief Justice Roberts noted the importance of “public confidence in the integrity of the judiciary,” concluding that “States may regulate judicial elections differently than they regulate political elections, because the role of judges differs from the role of politicians.” In dissent, Justice Scalia noted that the majority disregarded “one settled First Amendment principle after another” to reach its result.

  • Prof. Brian T. Fitzpatrick, Vanderbilt University Law School
  • Erik S. Jaffe, Sole Practitioner, Erik S. Jaffe, PC

Call begins at 4:00 p.m. Eastern Time.

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