Sometime within the next three weeks, the U.S. Supreme Court is expected to announce its ruling in Republican Party of Minnesota v. Kelly. That case arose when an attorney running for election to the Minnesota Supreme Court brought a First Amendment free speech challenge against a regulation that prohibits any candidate for judicial office from “announcing his or her views on disputed legal or political issues.”
U.S. Supreme Court watchers and First Amendment experts expect that the court will strike down the regulation. Such a ruling would directly impact the law of Pennsylvania, because Canon 7(B)(1)(c) of Pennsylvania’s Code of Judicial Conduct contains the same prohibition. Perhaps recognizing this, the organization Pennsylvanians for Modern Courts, which favors abolishing judicial elections in Pennsylvania, has filed an amicus brief supporting the regulation that is being challenged in the Kelly case.
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