Victory for the First Amendment: Florida Supreme Court Rejects Attempt to Police Political Speech & Punish Campaign Speech
TALLAHASSEE, Fla. — In a unanimous decision reaffirming that political speech receives the highest protection under the First Amendment, the Florida Supreme Court ruled that the government cannot use attorney disciplinary rules to punish a candidate for statements made during an election campaign.
The ruling in The Florida Bar v. Crowley reinforces the principle that government cannot serve as the arbiter of acceptable political debate. In coming to the defense of decorated Gulf War veteran and attorney Christopher Crowley after the Florida Bar sought to discipline him for statements he made while campaigning for Florida’s 20th Judicial Circuit State Attorney position, Rutherford Institute attorneys argued that the First Amendment provides heightened protection of speech in the election context and allows candidates to communicate relevant information to voters.
The Court agreed, citing James Madison’s observation that in a constitutional republic, “the censorial power is in the people over the Government, and not in the Government over the people.” Quoting Madison, the Court emphasized that the people’s “right of freely examining public characters and measures, and of free communication among the people thereon,” is “the only effectual guardian of every other right.” Without the freedom “to examine, to discuss, and to ascertain” the character of candidates seeking public office, the Court noted, voters would be forced to make their choices in ignorance.
“The First Amendment exists to protect the freedom of the American people to criticize those who seek to govern them,” said constitutional attorney John W. Whitehead, president of The Rutherford Institute and author of Battlefield America: The War on the American People. “When government licensing boards begin deciding which campaign statements are acceptable, they cease protecting the public and begin policing political thought. The Constitution leaves that judgment where it belongs—with the voters.”
Crowley, a decorated Gulf War veteran, challenged the incumbent Chief Assistant State Attorney in the Republican primary for State Attorney. During the campaign, Crowley sharply criticized his opponent’s qualifications, record as a prosecutor, and other matters he believed were relevant to voters. The Florida Bar subsequently charged him with violating professional ethics rules prohibiting attorneys from making statements attacking the qualifications or integrity of legal officers or candidates for judicial or legal office.
After a trial judge concluded that Crowley’s campaign statements violated the Bar’s rules, The Rutherford Institute entered the case and filed a Motion to Reconsider, arguing that the judge’s analysis violated First Amendment protections by applying an unconstitutional standard that would enable claims through the State Bar to be weaponized to chill speech critical of public officials. When the trial court declined to correct its ruling, Rutherford Institute attorneys appealed to the Florida Supreme Court, arguing that political campaign speech enjoys the highest level of constitutional protection and that professional speech is entitled to no lesser weight under the First Amendment.
The Florida Supreme Court agreed, rejecting the Florida Bar’s argument that it possesses broad authority to regulate attorneys’ speech because licensure is a conditional privilege. The decision reinforces one of the First Amendment’s oldest and most important principles: in a constitutional republic, government officials do not decide what political speech the public may hear. That responsibility belongs to the people themselves.
Case History
November 15, 2024 • Rutherford Institute Defends Gulf War Veteran, Challenges Efforts to Chill Political Speech Critical of Public Officials
August 29, 2024 • Rutherford Institute Defends Right of Political Speech and Right of Citizens to Criticize Candidates and Keep Voters Informed
November 09, 2023 • Decorated Gulf War Veteran Is Punished for Exercising His Right to Political Free Speech
The Florida Bar v. Christopher W. Crowley
- Merit Brief
- Motion to Reconsider
- Reply Brief: Florida Supreme Court
- Opinion: Florida Supreme Court
Article posted with permission from John Whitehead
