The article presents information on the appropriate level of scrutiny that is required in reviewing the validity of constitutionality of restraints. It overviews the First Amendment jurisprudence with strict scrutiny and balancing test. It also explains the U.S. Supreme Court case Republican Party of Minnesota v. White. It suggests state to provide same protections to judicial candidates as that of other elected officials.
Judging Judges: Why Strict Scrutiny Resolves the Circuit Split over Judicial Speech Restrictions,
Notre Dame L. Rev.
Available at: http://scholarship.law.nd.edu/ndlr/vol87/iss2/8