Minnesota Law Review

Note, Removing the Judicial Gag Rule: A Proposal for Changing Judicial Speech Regulations to Encourage Public Discussion of Active Cases

The judiciary may be the oft-forgotten third-branch of government, but judges still face ample criticism from the media and the public just like their colleagues in the legislative and executive branches. Unlike their colleagues however, judges cannot respond with glossy public relations campaigns because of judicial rules that severely restrict what judges can say about active cases. Hamstrung by the rules and unable to defend themselves in the media, judges have increasingly turned to a more familiar arena filing defamation suits against their critics. Although courtrooms should be open to everyone, when judges move from the bench to the plaintiff’s table it creates the appearance of bias and opens the door to further criticism of the judiciary.

This Note proposes that judges take a more active role in public affairs, especially public discussions about the judiciary and the cases over which it presides. To implement the change, rules governing judicial speech should be reworked with an eye toward encouraging all judicial speech that does not directly impact the fairness of court proceedings. Judges are uniquely situated to explain legal procedures and the reasoning behind legal decisions. This Note calls for judicial rules to be amended so that they are able to do so, not just in formal opinions, but also in less formal ways like in letters to the editor and community meetings.

:: View PDF

News & Events

  • Volume 97 Lead Piece Profiled in New York Times

    The Volume 97 Lead Piece, a study of how the Supreme Court treats business interests by distinguished legal scholars Lee Epstein, William M. Landes, and Richard A. Posner, was profiled in the May 5, 2013 edition of the New York Times. The story, titled Corporations Find a Friend in the Supreme Court, [...]

  • Volume 98 Spring Submissions Closed

    The Minnesota Law Review has closed the spring submissions period for Volume 98. Submissions for Volume 98 will reopen on Thursday, August 1. Please see the submissions page for more details.

  • Volume 98 Submissions Will Open Feb. 15

    The Minnesota Law Review will begin accepting submissions for Volume 98 on Friday, February 15, 2013. Please see this page for more details.

  • Minnesota Law Review Announces Volume 98 Editorial Board

    The Minnesota Law Review is pleased to announce its Volume 98 editorial board, headed by Editor in Chief Jake Vandelist.

  • Minnesota Law Review Announces 2013 Symposium Topic

    The Minnesota Law Review is pleased to announce that its 2013 symposium will address the legal and political issues facing organized labor in the United States. The symposium will be held at the University of Minnesota Law School on October 25, 2013.

Newsletter

cforms contact form by delicious:days