Legal Opinion

Carey v. Wolnitzek

Court of Appeals for the Sixth Circuit

Decided July 13, 2010No. Nos. 08-6468, 08-6538PublishedCited by 72 opinions

1Opinion of the CourtSutton, J., joined by Batchelder, C.J.,

WISEMAN, D.J. (p. 219), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

Imagine if a State imposed these restrictions on candidates for election to the legislature: (1) They “shall not identify” themselves “as a member of a political party in any form of advertising or when speaking to a gathering”; (2) they “shall not solicit campaign funds”; and (3) they “shall not ... make a statement that a reasonable person would perceive as committing” the candidate to vote “a certain way on a[n] ... issue” likely to come before the legislature. A…

2Cases cited47 opinions

  1. United States v. SalernoSupreme Court of the United States · 1987
  2. Broadrick v. OklahomaSupreme Court of the United States · 1973
  3. Ward v. Rock Against RacismSupreme Court of the United States · 1989
  4. Roth v. United StatesSupreme Court of the United States · 1957
  5. Chaplinsky v. New HampshireSupreme Court of the United States · 1942

42 more not listed; retrieve them via the Exa API.

3Cited by72 opinions

  1. Russell Kiser v. Lili ReitzCourt of Appeals for the Sixth Circuit · 2014
  2. James Speet v. Bill SchuetteCourt of Appeals for the Sixth Circuit · 2013
  3. Bauer v. ShepardCourt of Appeals for the Seventh Circuit · 2010
  4. Platt v. Board of Commissioners on GrievancesCourt of Appeals for the Sixth Circuit · 2014
  5. Robert Winter, Jr. v. Steven WolnitzekCourt of Appeals for the Sixth Circuit · 2016

67 more not listed; retrieve them via the Exa API.

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