{"title":"理解Williams Yulee诉佛罗里达律师协会案及其对司法选举中言论自由的影响","authors":"A. McLeod","doi":"10.1080/21689725.2018.1444501","DOIUrl":null,"url":null,"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.","PeriodicalId":37756,"journal":{"name":"First Amendment Studies","volume":"52 1","pages":"61 - 79"},"PeriodicalIF":0.0000,"publicationDate":"2018-03-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"https://sci-hub-pdf.com/10.1080/21689725.2018.1444501","citationCount":"0","resultStr":"{\"title\":\"Understanding Williams-Yulee v. The Florida Bar and its implications for freedom of speech in judicial elections\",\"authors\":\"A. McLeod\",\"doi\":\"10.1080/21689725.2018.1444501\",\"DOIUrl\":null,\"url\":null,\"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.\",\"PeriodicalId\":37756,\"journal\":{\"name\":\"First Amendment Studies\",\"volume\":\"52 1\",\"pages\":\"61 - 79\"},\"PeriodicalIF\":0.0000,\"publicationDate\":\"2018-03-14\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"https://sci-hub-pdf.com/10.1080/21689725.2018.1444501\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"First Amendment Studies\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1080/21689725.2018.1444501\",\"RegionNum\":0,\"RegionCategory\":null,\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"Social Sciences\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"First Amendment Studies","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/21689725.2018.1444501","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
Understanding Williams-Yulee v. The Florida Bar and its implications for freedom of speech in judicial elections
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.
期刊介绍:
First Amendment Studies publishes original scholarship on all aspects of free speech and embraces the full range of critical, historical, empirical, and descriptive methodologies. First Amendment Studies welcomes scholarship addressing areas including but not limited to: • doctrinal analysis of international and national free speech law and legislation • rhetorical analysis of cases and judicial rhetoric • theoretical and cultural issues related to free speech • the role of free speech in a wide variety of contexts (e.g., organizations, popular culture, traditional and new media).