PENNSYLVANIA FAMILY INSTITUTE, INC. v. BLACK

No. 05-5259.

489 F.3d 156 (2007)

PENNSYLVANIA FAMILY INSTITUTE, INC.; Ronald Cohen; Charles L. Stump, Appellants v. Thomas C. BLACK, III, In His Official Capacity as a member of the Pennsylvania Judicial Conduct Board; Charles A. Clement, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; Patrick Judge, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; G. Craig Lord, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; Charlene R. McAbee, In Her Official Capacity as a Member of the Pennsylvania Judicial Conduct Board.; Jack A. Pannella, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; Mark C. Schultz, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; Thomas A. Wallitsch, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; James R. Weaver, In His Official Capacity as a Member of the Pennsylvania Judicial Conduct Board; Paul J. Killion, In His Official Capacity as Chief Disciplinary Counsel of the Pennsylvania Office of Disciplinary Counsel; Paul J. Burgoyne, In His Official Capacity as Deputy Chief Disciplinary Counsel of the Pennsylvania Office of Disciplinary Counsel; Anthony P. Sodroski, In His Official Capacity as Disciplinary Counsel in Charge of District I Office of the Pennsylvania Office of Disciplinary Counsel; Raymond W. Wierciszewski, In His Official Capacity as Disciplinary Counsel in Charge of the District II Office of the Pennsylvania Office of Disciplinary Counsel; Edwin W. Frese, Jr., In His Official Capacity as Disciplinary Counsel in Charge of the District III Office of the Pennsylvania Office of Disciplinary Counsel; Angelea A. Mitas, In Her Official Capacity as Disciplinary Counsel in Charge of the District IV Office of the Pennsylvania Office of Disciplinary Counsel; Carolyn W. Rudnitsky, In Her Official Capacity as a Member of the Pennsylvania Judicial Conduct Board.

United States Court of Appeals, Third Circuit.

Filed: May 25, 2007.


Attorney(s) appearing for the Case

James Bopp, Jr. (Argued), Anita Y. Woudenberg, Thomas J. Marzen, Bopp, Coleson & Bostrom, Terre Haute, IN, Leonard G. Brown, III, Randall L. Wenger, Clymer & Musser, Lancaster, PA, Attorneys for Appellants.

David M. Donaldson (Argued), Administrative Office of PA Courts, Philadelphia, PA, Attorney for Appellees.

Before: SCIRICA, Chief Judge, and AMBRO, Circuit Judges, and BAYLSON, District Judge.


OPINION OF THE COURT

PER CURIAM.

At issue in this appeal are the free speech rights of candidates for state judicial office. Appellant Pennsylvania Family Institute ("PFI") is not itself a candidate, but rather a non-profit organization that seeks to elicit the views of Pennsylvania judicial candidates on legal and political issues so that it can disseminate those views to its members and to the public. PFI contends that, under the Supreme Court's decision...

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