November 24, 2014

Whether a candidate for judicial office can be disciplined for sending out a mass mailing soliciting small donations and support.

Florida is one of 40 states that elects judges. It also has a disciplinary rule prohibiting judicial candidates from personally soliciting any campaign funds. Our amicus brief argues that the rule was unconstitutionally applied in this case to a judicial candidate who signed a mass mailing to potential supporters seeking small donations to her campaign. As we explain in our brief, the risk of corruption is small under these circumstances and the state’s legitimate interest in judicial impartiality can be advanced through more narrowly tailored means.

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