Question: True or false 1 . The Judicial Code s restrictions on judicial candidates soliciting campaign contributions does not violate the First Amendment, because it permits
True or false The Judicial Codes restrictions on judicial candidates soliciting campaign
contributions does not violate the First Amendment, because it permits campaign
committees to raise money for election campaigns and permits judicial candidates
to write notes to contributors thanking them for their contributions.
Canon C is unconstitutional under the First Amendment, because it prohibits
all solicitations by judicial candidates for campaign contributions, rather than
narrowly tailoring that restrictions to lawyers or litigants who might appear
before the judicial candidate after they are elected to office.
Because Canon C restricts fully protected speech on the basis of content, it
presumptively violates the First Amendment and may be uphold only if Florida
meets its burden of showing that the Canon survives intermediate scrutiny.
Florida lacks a compelling interest in preserving public confidence in the
independence of its judiciary.
Breyer, Sotomayor and Kagan concurred in the opinion written by Roberts;
Ginsburg concurred with the opinion written by Roberts except for Part II; hence
Roberts decision is a majority decision.
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