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Republican Party of Minnesota v. White (docket #: 01-521) (2002)  [Findlaw]
First Amendment claim sustained

Argument Date 03/26/2002
Decided June 27, 2002
Supreme Court Vote 5-4
Note judicial speech
Supreme Court Ruling First Amendment claim sustained.
IssueWhether a Minnesota law restricting the kinds of statements candidates for state judicial judgeships can make violates the freedom of speech and association guarantees of the First Amendment. The Court limited its review to the constitutionality of a provision of the state’s ethics law that prohibited judicial candidates from announcing views on disputed legal or political issues.
Case Summary & Additional Resources
Majority Opinion per Justice Scalia
Concurring Opinion concurring opinions by Justices Kennedy and O'Connor
Dissenting Opinion dissenting opinions by Justice Stevens and Justice Ginsburg
Certiorari Granted 12/03/2001
Lower Court 8th Circuit
Lower Court Ruling District Court denial of request for preliminary injunction upheld. The Eighth Circuit held that the prohibitions were narrowly tailored restrictions that furthered the state’s compelling interest, i.e., to safeguard the independence of the Minnesota jud
Oral Arguments Transcript
For Petitioner
James Bopp Jr.

For Respondent
Mark B. Levinger

Chamber of Commerce of the United States (brief)

News Stories & Commentary
AP, "Rules for judicial candidates divide Wisconsin high court" (11/07/04

Press Release
Minnesota ACLU Press Release

Panel - Lower Court
Circuit Judges Theodore McMillian
Clarence A. Beam
Judge John R. Gibson
Tony Mauro Analysis
"Court backs N.Y. judicial-election system despite concerns"

High court ruling may take luster off judiciary

High court skeptical of restrictions on judicial candidates' speech

Supreme Court to decide if states can restrict judicial candidates' speech

U.S. Supreme Court to Consider Judicial Election Reform Case

Opinion - Lower Court
Republican Party of Minnesota v. Kelly (2001)

White Republican Party of Minnesota . Republican Party of Minnesota , 247 F. 3d 854 (8th Cir., 2001)
Briffault, Richard, "Judicial Campaign Codes After Republican Party of Minnesota v. White," 153 U. Pa. L. Rev. 181 (2004)

Marshall, William P., "False Campaign Speech & the First Amendment," 153 U. Pa. L. Rev. 285 (2004)

Marshall, William, "False Campaign Speech & the First Amendment," 153 University of Pennsylvania Law Review 285 (2004)
On the Docket: Northwestern University

Swanson, James L., "Judicial Elections and the First Amendment: Freeing Political Speech" (Cato Supreme Court Review, 2001-2002)

Symposium on Judicial Campaign Conduct (Chicago: 11-09-01)

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