Should elected judges be allowed to ask for donations?
We the People
National Constitution Center
4.6 • 1.1K Ratings
🗓️ 22 January 2015
⏱️ 39 minutes
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| 0:00.0 | I'm Jeffrey Rosen, President and CEO of the National Constitution Center, and welcome to the latest of our We the People constitutional podcasts. |
| 0:09.0 | The National Constitution Center is the only institution in America chartered by Congress to disseminate information |
| 0:15.2 | about the U.S. Constitution on a nonpartisan basis. |
| 0:19.7 | And today we discuss one of the most interesting First Amendment questions that the Supreme Court is taking up this term, |
| 0:26.0 | should elected judges be allowed to ask for campaign donations. |
| 0:31.0 | The debate focuses on the First Amendment rights of judges to ask personally for money, and it has |
| 0:37.8 | to be balanced against concerns that it's improper for judges to ask directly for funds |
| 0:42.3 | in any context. |
| 0:44.0 | Judges are elected in 39 states and in 30 of those states there are laws or ethics provisions |
| 0:48.8 | that ban judicial candidates from personally asking for campaign donations and the question in the case that the Supreme |
| 0:55.6 | Court just heard, Williams-Uulie versus Florida Bar is whether those bans are consistent with |
| 1:02.2 | the First Amendment. |
| 1:03.7 | The case involves Linnell, Williams-Ulee, |
| 1:05.8 | a candidate for county clerk judge in Florida, |
| 1:08.3 | who personally signed a campaign fundraising letter in 2009, |
| 1:12.3 | and the Florida bar said that violated the state's |
| 1:14.4 | code of judicial conduct. The Florida Supreme Court agreed that the Florida |
| 1:20.8 | bars assessment that the mass mailing violated the judicial conduct and |
| 1:27.0 | the question before the Supreme Court is whether that canon is consistent with the First Amendment. |
| 1:33.0 | Joining us to discuss the case are two of the leading civil libertarians in the United States, |
| 1:38.0 | also two of the leading experts on judicial and First Amendment questions in America, and it is fascinating and significant that they are on opposite sides of this case. |
| 1:49.4 | Bob Kornrevere is a partner at Davis Wright-Tremain in Washington, D.C. |
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