O’Toole v. O’Connor, 2:15-cv-1446 (S.D. Ohio, Eastern District) May 17, 2017
The Ohio Code of Judicial Conduct permits judges running for re-election to describe themselves as judges, but forbids judges who are seeking different benches from doing the same. The Ohio federal district court finds the code’s prohibitions an unconstitutional burden on free speech.
The court disagreed with the notion that the Constitution prohibits any restraint on speech relating to election. The United States Supreme Court has already determined that courts may impose narrowly tailored restrictions on judicial candidates’ speech.
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