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FLORIDA FAMILY POLICY COUNCIL v. FREEMAN

No. 07-14830.

561 F.3d 1246 (2009)

FLORIDA FAMILY POLICY COUNCIL, Plaintiff-Appellant, v. Thomas B. FREEMAN, in his official capacity as a member of the Florida Judicial Qualifications Commission, Peggy Gehn, in her official capacity as a member of the Florida Judicial Qualifications Commission, Paul L. Backman, in his official capacity as a member of the Florida Commission on Judicial Qualifications, David H. Young, in his official capacity as a member of the Florida Judicial Qualifications Commission, Morris Silberman, in his official capacity as a member of the Florida Judicial Qualifications Commission, et al., Defendants-Appellees.

United States Court of Appeals, Eleventh Circuit.

March 6, 2009.

Attorney(s) appearing for the Case

Anita Yvonne Woudenberg, James Bopp, Jr., Josiah S. Neeley, Bopp, Coleson & Bostram, Terre Haute, IN, for Plaintiff-Appellant.

Marie Tomassi, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill, & Mullis, P.A., Saint Petersburg, FL, Michael Keith Green, Marvin E. Barkin, Amy Lea Drushal, Trenam Kemker Attys., Tampa, FL, for Defendants-Appellees.

Michael E. Morris, Orlando, FL, Gregory T. Nevins, Lambda Legal Defense Educ. Fund, Inc., Atlanta, GA, for Amicus Curiae.

Before CARNES and MARCUS, Circuit Judges, and DuBOSE, District Judge.

CARNES, Circuit Judge:

Florida Family Policy Council, Inc. is a nonprofit organization that distributes questionnaires to judicial candidates in order to gather and publish their views on legal and political issues. Florida Family's attempts to gather judicial candidates' views, however, have been hampered in part by Canon 3E(1) and 3E(1)(f) of the Florida Code of Judicial Conduct. Those provisions address situations in which a judge must disqualify himself because...

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