Writes Justice Scalia, dissenting from the Supreme Courts decision today in Williams-Yulle v. The Florida Bar (PDF), which upheld the Florida Code of Judicial Conduct prohibition on the personal solicitation of campaign contributions by judicial candidates.
It's notable that the Court applies strict scrutiny. (The Florida Bar had argued that the Court should use a lower level of scrutiny that would only require the limit on speech to be �closely drawn� to match a �sufficiently important interest." That test, the Court said, applies to freedom of political association claims, not to free speech claims like the one presented here.)
But Justice Scalia (who was joined by Justice Thomas) objected to the way the Court applied strict scrutiny:
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