Without clear direction from the U.S. Supreme Court, the U.S. Court of Appeals for the Third Circuit has decided that judicial opinions enjoy First Amendment protections of free speech.
The appeals court, however, left open related questions, including the extent to which First Amendment rights apply to judges’ actual rulings as opposed to the explanations and commentary included in the opinions and the standard to which judges’ speech in other contexts about cases they’re not presiding over, for example should be held.
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