The federal courts try to self-censor. A federal judge says no.

Hoping not to be bullied is not a worthy strategy for a co-equal branch of government.

A little over two years ago, the Administrative Office of the United States Courts (AO) issued a new policy which barred its employees and staff from engaging in partisan political activity, including posting yard signs or making ordinary campaign donations. I predicted at the time that the First Amendment implications would likely turn the new policy into a headache for the AO.

And so it did. In May of 2018, two AO employees filed a complaint in the U.S. District Court for the District of Columbia, alleging that the policy violated their First Amendment right to engage in core political speech. Last week, the court agreed, granting summary judgment to the plaintiffs and promising to enter a permanent injunction preventing the AO from applying its policies to most of its employees. The court’s opinion is eye-opening, both for the district judge’s robust defense of First Amendment rights and for the AO’s cowardly view of the judiciary’s place in American society.

Continue reading “The federal courts try to self-censor. A federal judge says no.”

You’ve read the blog — now hear the podcast!

The New England Law Review podcast was gracious enough to interview me about The Interdependent Third Branch, legal scholarship, social media, and other sundry issues. The law review editors do a great job with the podcast, and I recommend all the back episodes.

You can find the link here. Give it a listen!

When “liking” a Facebook post is cause for judicial disqualification

At the IAALS Blog, Maddie Hosack relates the story of a Kentucky judge who was disqualified from presiding over a lawsuit involving the state’s Republican governor, after it was discovered that the judge had liked a Facebook post featuring the governor’s Democratic challenger in the upcoming election. It’s another reminder that judges must be extraordinarily cautious in their use of social media.

 

Texas judge accidentally resigns via Facebook

William “Bill” McLeod, a well-respected Houston-area trial judge, was contemplating running for the Texas Supreme Court in the 2020 general election. Earlier this month, he stated as much on his Facebook page, unaware that such a declaration triggered an automatic resignation from his current position under Article 16, Section 65 of the Texas Constitution.

Harris and his supporters appealed the automatic removal, but this week Harris County commissioners voted 4-1 to uphold the resignation. It appears to have been a difficult decision, given that McLeod was a popular and experienced judge who won a sizable majority in the last election.

Still, there were important countervailing considerations: Continue reading “Texas judge accidentally resigns via Facebook”

Missouri expands media access to courtrooms

The Missouri Supreme Court is allowing expanded access for media tools in its courtrooms, including live Tweeting, electronic note taking, and expanded camera use beyond a single “pool camera.” The updated provisions are the first major change since 1995.

Individual judges will still have the final say over media access in any particular case.

Florida Supreme Court will broadcast all oral arguments on Facebook Live

The Florida Supreme Court, a longtime leader in televised access to court hearings, has announced that it will broadcast all of its oral arguments on Facebook Live starting in February.  The court has broadcast arguments through other providers since the late 1990s.  Broadcasts will continue to be archived.

More information from the court is available at its Facebook page.

Related: the very same court will soon decide whether judges must recuse themselves when they are Facebook friends with one of the lawyers appearing before them.