Free Speech
Republican Party of Minnesota v. White
What the court held
The United States Supreme Court held that Minnesota's 'announce clause,' which barred candidates for judicial office from stating their views on disputed legal and political issues, violated the First Amendment. Applying strict scrutiny, the Court concluded the clause could not stand.
What it means
Judicial elections are still elections. Candidates for the bench may tell voters what they think about disputed legal questions, and voters are entitled to hear it.
The decision reshaped the rules of judicial campaign speech nationwide and continues to be cited in challenges to restrictions on election speech.
Decided on the merits by the United States Supreme Court on June 27, 2002. The judgment below was reversed and the case remanded.