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| | | Republican Party of Minnesota v. White (docket #: 01-521) (2002)
[Findlaw]
First Amendment claim sustained | |
Argument Date
| 03/26/2002 |
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Decided
| June 27, 2002 |
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Supreme Court Vote
| 5-4 |
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Note
| judicial speech |
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Supreme Court Ruling
| First Amendment claim sustained. |
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| | | Issue | Whether 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. | |
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Majority Opinion
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per Justice Scalia |
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Concurring Opinion
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concurring opinions by Justices Kennedy and O'Connor |
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Dissenting Opinion
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dissenting opinions by Justice Stevens and Justice Ginsburg |
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Certiorari Granted
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12/03/2001 |
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Lower Court
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8th Circuit |
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Lower Court Ruling
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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 |
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Oral Arguments
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Transcript
audio (Oyez)
[Oyez]
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| Lawyers |
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| Briefs |
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| News Stories & Commentary |
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| Press Release |
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| Panel - Lower Court |
Circuit Judges Theodore McMillian
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| Tony Mauro Analysis |
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| Opinion - Lower Court |
White Republican Party of Minnesota . Republican Party of Minnesota , 247 F. 3d 854 (8th Cir., 2001)
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| Other |
Marshall, William, "False Campaign Speech & the First Amendment," 153 University of Pennsylvania Law Review 285 (2004)
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