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Endorsement Clauses In A Post-White Legal System: Why These Restrictions Do Not Violate A Judicial Candidate's First Amendment Right To Free Speech, Shawna M. Portner
Endorsement Clauses In A Post-White Legal System: Why These Restrictions Do Not Violate A Judicial Candidate's First Amendment Right To Free Speech, Shawna M. Portner
Georgia Law Review
Elections have remained an integral method of state
judicial appointments for over two centuries. However,
because the Founding Fathers imposed upon judges the
duty to neutrally uphold the U.S. and state constitutions,
state legislatures, per the recommendation of the ABA,
have imposed certain restrictions on the speech and
actions of judicial candidates to maintain impartiality. In
2002, the Supreme Court struck down one category of
these provisions in Republican Party of Minnesota v.
White. The Court declared Minnesota's announce clause,
which prohibited judicial candidates from voicing their
opinions on issues likely to come before the bench, to be an
unconstitutional …
The First Amendment, Public School Students, And The Need For Clear Limits On School Officials' Authority Over Off-Campus Student Speech, Rory A. Weeks
Georgia Law Review
When, if ever, can school officials punish a student's off-
campus speech? The Supreme Court's student-speech
jurisprudence does not provide a clear answer. But this
much is clear: School officials do not possess absolute
authority over students' on-campus speech. Public school
students do not shed their First Amendment rights at the
schoolhouse gate. And yet during school or school-related
activities, public school students do not have coequal First
Amendment rights with adults in other contexts. During
school or school-related activities, school officials may
proscribe otherwise-permitted speech in order to fulfill the
school's basic educational mission, which includes
instructingstudents in civility. …