United States Sixth Circuit

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Carey v. Wolnitzek, 08-6468

In plaintiff's suit challenging certain clauses in the Kentucky Supreme Court's judicial canon related to judicial elections, claiming that the party affiliation, solicitation and commits clauses violated his speech and associational rights under the First and Fourteenth Amendments of the U.S. Constitution, judgment of the district court is affirmed in part, vacated in part and remanded where: 1) strict scrutiny applies to all three aspects of the First Amendment challenge in this case; 2) district court correctly concluded that the party affiliation clause violates the First Amendment on its face; 3) district court correctly concluded that the solicitation clause is overbroad and thus invalid on its face; and 4) district court's ruling on the commitment clause is vacated and remanded as it is not clear what the Commonwealth's position on the term "issues" is, and the district court has not yet explored these issues.

Appellate Information

  • Argued 01/13/2010
  • Submitted 07/13/2010
  • Decided 07/13/2010
  • Published 07/13/2010



  • United States Sixth Circuit


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