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Eighth Circuit Upholds Minnesota’s Code of Judicial Conduct Against First Amendment Challenge

by Ryan Koopmans | March 27, 2012

By Ryan Koopmans

Today the Eighth Circuit, sitting en banc, upheld three provisions of Minnesota’s Code of Judicial Conduct against a First Amendment challenge brought by a candidate for the Minnesota Supreme Court.  The full court reversed a panel decision that had struck down provisions of the Code banning endorsement of certain candidates for public office, certain forms of personal solicitation of funds for the judicial candidate’s campaign, and solicitation of funds for another political candidate or organization.  The en banc review generated four opinions, with seven of the twelve judges agreeing that the challenged provisions passed constitutional muster.  The case is Wersal v. Sexton.

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