03/05/2026
Imagine a judicial candidate running for office in Kentucky, who says something to the press in the course of that campaign, which is factually true, but implies something about the judicial conduct commission that they do not like (including "downplaying" a past action they took).
Can they punish that candidate for that speech?
Can they call a truthful statement false, have their representative admit that they have no evidence that it is false under oath, but continue, in Orwell 1984 fashion, to call it false in briefing?
What if I told you that they routinely go after conservative candidates for judicial office for their campaign speech (indeed, I have had to successfully sue them in cases with decisions in 2014, 2016, 2022), while letting a Democrat judge who had s*x with someone under supervision off with a private reprimand so the public never even knows their name?
Would someone fairly assume that they are partisan actors pursuing a partisan agenda on these facts?
You might think that this is some sort of fictional work, but today, in the Sixth Circuit, at 2:00 p.m., I am arguing the first of two First Amendment cases we have in that court being argued over the next two weeks, over speech policing in campaigns, by the Kentucky Judicial Conduct Commission.