United States Eighth Circuit

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Wersal v. Sexton, 09-1578

In an action claiming that three provisions of the Minnesota Code of Judicial Conduct (Code) unconstitutionally infringed upon First Amendment rights of judicial candidates, summary judgment for defendants is reversed where: 1) a plain reading of one of the clauses chilled plaintiff from engaging in speech–solicitation of funds–which the court had already held was protected First Amendment expression; 2) Minnesota had no compelling interest in preventing judicial preconceptions on legal issues; and 3) the endorsement clause was not a necessary evil to protect from a display of favoritism towards potential litigants.

Appellate Information

  • Decided 07/29/2010
  • Published 07/29/2010

Judges

  • C. Arlen Beam

Court

  • United States Eighth Circuit

Counsel


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