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Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
Judicial Independence And Accountability Meet Extra-Judicial Speech And The First Amendment: An Uneasy Co-Existence, Honorable Wendell L. Griffen
University of Arkansas at Little Rock Law Review
No abstract provided.
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
Counter-Majoritarian Power And Judges' Political Speech, Michael R. Dimino
ExpressO
Canons of ethics restrict judicial campaigning and prohibit sitting judges from engaging in political activity. Only recently, in Republican Party v. White, 536 U.S. 765 (2002), has the Supreme Court addressed the constitutionality of these restrictions, concluding that judicial candidates must be allowed some opportunity to discuss legal and political issues in their campaigns. But White left many questions unanswered about the permissible scope of restrictions on judges’ political activity.
This Article suggests that those questions will be answered not by applying principles of free speech, but by analyzing the opportunities the restrictions provide for independent judicial policy-making. Restrictions on …