Ethics
Former judge suspended over Facebook posts seeks relief from SCOTUS
Suspended Pennsylvania Judge Mark B. Cohen was removed after the state court deemed the “tone” and the “volume” of 66 Facebook posts to be partisan. (Photo from the Philadelphia Court of Common Pleas)
A former Pennsylvania judge who was suspended and lost his pension over Facebook posts has appealed to the U.S. Supreme Court, seeking to resolve a dispute over the constitutional limits on restricting judicial speech.
DLA Piper filed a petition last week asking the Supreme Court to review the case of former Pennsylvania Judge Mark B. Cohen, who was removed after the state court deemed the “tone” and the “volume” of 66 Facebook posts to be partisan, Law.com reports.
The Pennsylvania Supreme Court had upheld the sanctions earlier this year after applying a government‑employee balancing test from the Supreme Court’s 1968 ruling in Pickering v. Board of Education.
Ilana H. Eisenstein of DLA Piper in Philadelphia represents Cohen.
“Allowing judges to be disciplined based on the perceived ‘tone’ or ‘volume’ of lawful speech promotes arbitrary enforcement, invites political interference in the judicial branch, and threatens to undermine the rule of law,” Eisenstein said in an emailed comment to Law.com. “This case presents an urgent opportunity for the court to restore constitutional clarity and reestablish the First Amendment’s protection of the rights of sitting judges to speak on matters of public concern.”
The petition argues that this approach conflicts with Supreme Court precedent and highlights a deep split among federal appellate courts and state high courts over how restrictions on judicial speech should be evaluated, according to the story. Cohen wants the court to resolve whether strict scrutiny, which requires a compelling governmental interest and narrowly tailored means, applies to limits on judges’ speech.
See also:
Judge’s ‘exceptional’ defiance following discipline decision is unmatched, suspension decision says
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