Understanding Williams-Yulee v. The Florida Bar and its implications for freedom of speech in judicial elections. Issue 1 (3rd July 2018)

• Record Type: Journal Article
• Authors: McLeod, Aman
• Is Part Of: First amendment studies. Volume 52:Issue 1/2(2018)
• Page Start: 61
• Page End: 79
• Publication Date: 2018-07-03
• Subjects: Williams-Yulee -- judicial elections -- Republican party -- first amendment -- judges; Freedom of speech -- United States -- Periodicals; Freedom of speech -- Periodicals; 323.44
• DOI: 10.1080/21689725.2018.1444501
• Languages: English
• ISSNs: 2168-1430

Abstract

ABSTRACT: This article discusses the US Supreme Court's 2015 decision in Williams - Yulee v. The Florida Bar and its potential implications for judicial candidate speech and judicial elections. Based in part on a survey of cases involving restrictions on judicial candidate speech decided before and after Williams - Yulee, the article argues that Williams - Yulee effectively overruled the Court's earlier decision in Republican Party of Minnesota v. White, by weakening the strict scrutiny test that White applied to judicial candidate speech regulations. Specifically, Williams - Yulee weakened White 's version of strict scrutiny by removing the demand that the government demonstrate the effectiveness of its speech-regulating policies in achieving its goals, and by embracing a more permissive form of inclusivity analysis. This weaker version of strict scrutiny could facilitate government interference in the public education process that occurs during judicial elections, which is a process that affects citizens' propensities to participate in elections, and their ability to make informed judgments about whom they want to put on the bench.