Judges and Judiciary,
Ethics/Professional Responsibility,
Constitutional Law
Jan. 17, 2020
Does the First Amendment permit excoriating remarks about judges?
In view of the increasingly fractured political climate providing more opportunities for expressions of displeasure with the judiciary and its decisions, how can the legal profession ethically navigate these uncharted waters without running aground?
A. Marco Turk
Emeritus Professor
CSU Dominguez Hills
Email: amarcoturk.commentary@gmail.com
A. Marco Turk is a contributing writer, professor emeritus and former director of the Negotiation, Conflict Resolution and Peacebuilding program at CSU Dominguez Hills, and currently adjunct professor of law, Straus Institute for Dispute Resolution, Pepperdine University Caruso School of Law.
Historically, in some fashion, lawyers have periodically attempted to publicize dissatisfaction with judges and their decisions in certain cases. Generally, bar associations have discouraged this and pursued disciplinary action against such lawyers when justified.
Given the opening of floodgates in this area occasioned by actions of the Trump White House in effect considering the judiciary to be the hostile third branch of governmen...
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