Williams-Yulee v. Florida Bar explained

Litigants:Williams-Yulee v. Florida Bar
Arguedate:January 20
Argueyear:2015
Decidedate:April 29
Decideyear:2015
Fullname:Lanell Williams-Yulee, Petitioner v. The Florida Bar
Usvol:575
Uspage:433
Docket:13-1499
Oralargument:https://www.oyez.org/cases/2014/13-1499
Opinionannouncement:https://www.supremecourt.gov/opinions/14pdf/13-1499_d18e.pdf
Parallelcitations:135 S. Ct. 1656; 191 L. Ed. 2d 570; 83 U.S.L.W. 4269; 25 Fla. L. Weekly Fed. S 213; 2015 WL 1913912; 2015 U.S. LEXIS 2983
Prior:On writ of certiorari to the Supreme Court of Florida; Fla. Bar v. Williams-Yulee, 138 So. 3d 379 (Fla. 2014)
Holding:The First Amendment does not prohibit States from barring judges and judicial candidates from personally soliciting funds for their election campaigns, provided the restriction on speech is narrowly tailored to serve a compelling interest. Supreme Court of Florida affirmed.
Majority:Roberts (except as to Part II)
Joinmajority:Ginsburg, Breyer, Sotomayor, Kagan
Plurality:Roberts (Part II)
Joinplurality:Breyer, Sotomayor, Kagan
Concurrence:Breyer
Concurrence2:Ginsburg (in part and in judgment)
Joinconcurrence2:Breyer (Part II)
Dissent:Scalia
Joindissent:Thomas
Dissent2:Kennedy
Dissent3:Alito
Lawsapplied:U.S. Const. amend. I, Florida Code of Judicial Conduct Canon 7C(1)

Williams-Yulee v. Florida Bar, 575 U.S. 433 (2015), was a United States Supreme Court case in which the court held that the First Amendment did not prohibit states from barring judges and judicial candidates from personally soliciting funds for their election campaigns since that specific restriction on candidate's speech was deemed to be narrowly tailored to serve the compelling interest of keeping the judiciary impartial.[1] It is a rare instance of a government regulation passing strict scrutiny.[2]

At issue in the case was a Florida law which barred judges from personally soliciting campaign funds. However, judges could still set up a committee in order to raise campaign funds. Williams-Yulee was a judicial candidate in Hillsborough County, Florida, who sent out a soliciting letter for campaign contributions. She also posted the letter to her website. Williams-Yulee lost her campaign to the incumbent judge. The Florida Bar filed a complaint against her for violating the law shortly afterwards.

The effects of the ruling has been a point of discussion among academics. For instance, Josh Wheeler writing for SCOTUSBlog raised concerns about greater restrictions on judicial speech and the weakening of the strict scrutiny standard.[3]

External links

Notes and References

  1. Andrew Lessig, "Williams-Yulee v. The Florida Bar: Judicial Elections as the Exception", The DIGEST: National Italian American Bar Association Law Journal, Apr. 24, 2016.
  2. Web site: Hudson. David L. Jr.. Williams-Yulee v. Florida Bar. 2021-01-20. www.mtsu.edu. en.
  3. Web site: 2015-05-04. Symposium: "Seem familiar?" and other random musings on Williams-Yulee. 2021-01-20. SCOTUSblog. en.