Symposium: For judges only

They’re brewing a strange brand of strict scrutiny up at the Supreme Court these days.
On Wednesday in Williams Yulee v. Florida Bar, the Court upheld Florida’s prohibition on personal campaign solicitations by candidates for judicial office despite the fact that a plurality purportedly applied strict scrutiny – a level of constitutional review that has been described as “strict in theory, but fatal in fact.” Under strict scrutiny, a restriction on speech should survive only when the government can prove that the measure is necessary to serve a compelling interest and that it employs the least restrictive means of doing so.
This level of review usually is fatal – and should be. It is how we keep “the starch in the standards for those moments when the daily politics cries loudest for limiting what may be said,” as Justice

Original SCOTUS article

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