Campaign Speech or Free Speech

By: Sarabeth Smith
Photo Credits: Regeilo Solis
Associated Press (2003)

Following a ruling from the Mississippi Supreme Court, former County Court Judge Solomon Osborne , 60, was reprimanded for a speech made during in his 2006 election campaign.
During a speech before a predominately African-American political action group, Osborne said, as quoted by The Greenwood Commonwealth: “White folks don’t praise you unless you’re a damn fool. Unless they think they can use you. If you have your own mind and know what you’re doing, they don’t want you around.”

While the judge claims that his comments were free speech, the Mississippi Supreme Court asserted that they went beyond the realm of protected campaign speech. Judge George C. Carlson Jr., wrote in his majority opinion that “Campaign speech expresses views on disputed legal and political issues and discussing the qualifications of the judicial office for which Judge Osborne was campaigning.”

However 3 of the 9 justices dissented from this opinion. They agreed that the judge’s comments were not appropriate, but they did address a political issue, that of race. The dissenters agree that punishing Judge Osborne’s speech is a violation of the First Amendment of the U.S. Constitution and Article 3, Section 13 of the Mississippi Constitution. While the judicial office had been seeking a lifetime ban, Osborne was ordered to be publically reprimanded and order to pay $731, the costs of the hearing.

- The Court said “No one is compelled to serve as a judge, but once an individual offers himself or herself for service, that individual accepts the calling with full knowledge of certain limitations upon speech and actions in order to serve the greater good. A calling to public service is not without sacrifice, including the acceptance of limitations on constitutionally granted privileges.” Do you agree with this?

- Should judges and other public officials be treated differently than the general public in terms of speech?

- Should speech of judges and other public officials be treated differently in different locations? Say, the courtroom in comparison with the campaign trail.