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Republican Party of Minnesota v. White

Supreme Court of the United States · 2002 · Constitutional Law

Constitutional LawFirst AmendmentJudicial ElectionsFree SpeechFirst Amendmentjudicial candidatesannounce clausecontent-based restriction

Facts

Minnesota had a canon of judicial conduct prohibiting candidates for judicial election from announcing their views on disputed legal and political issues. The restriction applied to judges and would-be judges only in the context of candidacy. Minnesota elects its judges, but the announce clause barred candidates from communicating their views on issues voters might care about during those elections. The case challenged that clause under the First Amendment.

Issue

Does Minnesota's canon of judicial conduct prohibiting candidates for judicial election from announcing their views on disputed legal and political issues violate the First Amendment? More specifically, can the State justify that content-based speech restriction under strict scrutiny?

Rule

A State may not prohibit candidates for judicial election from announcing their views on disputed legal and political issues unless the restriction survives strict scrutiny. A content-based restriction on campaign speech fails strict scrutiny when the State does not adequately prove that the restriction is necessary to serve a compelling interest, and especially when the law is woefully underinclusive by barring speech only at certain times and in certain forms.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

Oregon elects some trial judges. Its judicial conduct code forbids any candidate for judicial office from stating views about disputed criminal justice issues in campaign flyers, debates, or advertisements, but it allows the same person to express those views in bar association panels and newspaper op-eds before filing for office.

A challenged candidate argues the rule violates the First Amendment. What is the strongest basis for invalidating the rule?

Explanation. The majority treated restrictions like this as content-based limits on campaign speech subject to strict scrutiny. It also emphasized that a rule is woefully underinclusive when it bars announcements only during candidacy or only through selected campaign channels while leaving similar speech elsewhere untouched. The election setting does not itself justify suppressing information relevant to voters.