Gavel Grab

New Scholarship on Judicial Elections

The Association for Education in Journalism and Mass Communication Online recently published “Living with Republican Party of Minnesota v. White,” by J. Gall. The paper was presented last year at the Association’s annual meeting.

This paper examines the dangers facing judicial impartiality and independence after Republican Party of Minnesota v. White struck down judicial speech restrictions. Within a framework of history, First Amendment theory and case law, this paper explores merit-based judicial selection, campaign finance reform, strict recusal standards, and a better informed public as constitutional alternatives to speech-restricting canons. Action is necessary to avoid bias and the appearance of impartiality in a judiciary facing increasing campaign costs and interest group involvement.

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