Williams-Yulee v. Florida Bar

575 U.S. 433, 135 S. Ct. 1656, 191 L. Ed. 2d 570, 25 Fla. L. Weekly Fed. S 213, 2015 U.S. LEXIS 2983, 83 U.S.L.W. 4269
CourtSupreme Court of the United States
DecidedApril 29, 2015
Docket13–1499.
StatusPublished
Cited by304 cases

This text of 575 U.S. 433 (Williams-Yulee v. Florida Bar) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams-Yulee v. Florida Bar, 575 U.S. 433, 135 S. Ct. 1656, 191 L. Ed. 2d 570, 25 Fla. L. Weekly Fed. S 213, 2015 U.S. LEXIS 2983, 83 U.S.L.W. 4269 (2015).

Opinions

As several of the Bar's amicinote, we applied the "closely drawn" test to solicitation restrictions in McConnell v. Federal Election Comm'n,540 U.S. 93, 136, 124 S.Ct. 619, 157 L.Ed.2d 491 (2003), overruled in part by Citizens United v. Federal Election Comm'n,558 U.S. 310, 130 S.Ct. 876, 175 L.Ed.2d 753 (2010). But the Court in that case determined that the solicitation restrictions operated primarily to prevent circumvention of the contribution limits, which were the subject of the "closely drawn" test in the first place. 540 U.S., at 138-139, 124 S.Ct. 619. McConnelloffers no help to the Bar here, because Florida did not adopt Canon 7C(1) as an anticircumvention measure.

In sum, we hold today what we assumed in White: A State may restrict the speech of a judicial candidate only if the restriction is narrowly tailored to serve a compelling interest.

III

The Florida Bar faces a demanding task in defending Canon 7C(1) against Yulee's First Amendment challenge. We have emphasized that "it is the rare case" in which a State demonstrates that a *1666speech restriction is narrowly tailored to serve a compelling interest. Burson v. Freeman,504 U.S. 191, 211, 112 S.Ct. 1846, 119 L.Ed.2d 5 (1992)(plurality opinion). But those cases do arise. See ibid.;Holder v. Humanitarian Law Project,561 U.S. 1, 25-39, 130 S.Ct. 2705, 177 L.Ed.2d 355 (2010); McConnell,540 U.S., at 314, 124 S.Ct. 619(opinion of KENNEDY, J.); cf. Adarand Constructors, Inc. v. Pena,515 U.S. 200, 237, 115 S.Ct. 2097, 132 L.Ed.2d 158 (1995)("we wish to dispel the notion that strict scrutiny is 'strict in theory, but fatal in fact' "). Here, Canon 7C(1) advances the State's compelling interest in preserving public confidence in the integrity of the judiciary, and it does so through means narrowly tailored to avoid unnecessarily abridging speech. This is therefore one of the rare cases in which a speech restriction withstands strict scrutiny.

A

The Florida Supreme Court adopted Canon 7C(1) to promote the State's interests in "protecting the integrity of the judiciary" and "maintaining the public's confidence in an impartial judiciary." 138 So.3d, at 385. The way the Canon advances those interests is intuitive: Judges, charged with exercising strict neutrality and independence, cannot supplicate campaign donors without diminishing public confidence in judicial integrity. This principle dates back at least eight centuries to Magna Carta, which proclaimed, "To no one will we sell, to no one will we refuse or delay, right or justice." Cl. 40 (1215), in W. McKechnie, Magna Carta, A Commentary on the Great Charter of King John 395 (2d ed. 1914). The same concept underlies the common law judicial oath, which binds a judge to "do right to all manner of people ... without fear or favour, affection or ill-will," 10 Encyclopaedia of the Laws of England 105 (2d ed. 1908), and the oath that each of us took to "administer justice without respect to persons, and do equal right to the poor and to the rich," 28 U.S.C. § 453. Simply put, Florida and most other States have concluded that the public may lack confidence in a judge's ability to administer justice without fear or favor if he comes to office by asking for favors.

The interest served by Canon 7C(1) has firm support in our precedents. We have recognized the "vital state interest" in safeguarding "public confidence in the fairness and integrity of the nation's elected judges." Caperton v. A.T. Massey Coal Co.,556 U.S. 868, 889, 129 S.Ct. 2252, 173 L.Ed.2d 1208 (2009)(internal quotation marks omitted). The importance of public confidence in the integrity of judges stems from the place of the judiciary in the government. Unlike the executive or the legislature, the judiciary "has no influence over either the sword or the purse; ... neither force nor will but merely judgment." The Federalist No. 78, p. 465 (C. Rossiter ed. 1961) (A. Hamilton) (capitalization altered). The judiciary's authority therefore depends in large measure on the public's willingness to respect and follow its decisions. As Justice Frankfurter once put it for the Court, "justice must satisfy the appearance of justice." Offutt v. United States,348 U.S. 11, 14, 75 S.Ct. 11, 99 L.Ed. 11 (1954).

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Taking Offense v. State of California
California Supreme Court, 2025
Disciplinary Counsel v. Grendell
2025 Ohio 5239 (Ohio Supreme Court, 2025)
B.L. v. Mahanoy Area School District
964 F.3d 170 (Third Circuit, 2020)
Paul Serdula v. State
Court of Appeals of Georgia, 2020
Brush & Nib v. City of Phoenix
Arizona Supreme Court, 2019
Iancu v. Brunetti
588 U.S. 388 (Supreme Court, 2019)
Noah Duguid v. Facebook, Inc.
926 F.3d 1146 (Ninth Circuit, 2019)
State v. Rebekah S. VanBuren
2018 VT 95 (Supreme Court of Vermont, 2019)
Brad Tschida v. Jonathan Motl
924 F.3d 1297 (Ninth Circuit, 2019)
1A Auto, Inc. v. Director of the Office of Campaign and Political Finance
105 N.E.3d 1175 (Massachusetts Supreme Judicial Court, 2018)
Guffey v. Duff
District of Columbia, 2018
Interpipe Contracting, Inc. v. Xavier Becerra
898 F.3d 879 (Ninth Circuit, 2018)
In Re: Honorable John Kemp v.
894 F.3d 900 (Eighth Circuit, 2018)
Doug Lair v. Jonathan Motl
889 F.3d 571 (Ninth Circuit, 2018)

Cite This Page — Counsel Stack

Bluebook (online)
575 U.S. 433, 135 S. Ct. 1656, 191 L. Ed. 2d 570, 25 Fla. L. Weekly Fed. S 213, 2015 U.S. LEXIS 2983, 83 U.S.L.W. 4269, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-yulee-v-florida-bar-scotus-2015.