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CAREY v. WOLNITZEK

Nos. 08-6468, 08-6538.

614 F.3d 189 (2010)

Marcus CAREY, Plaintiff-Appellant/Cross-Appellee, v. Stephen D. WOLNITZEK, in his official capacity as Chairperson of the Kentucky Judicial Conduct Commission; Michele M. Keller, in her official capacity as a member of the Kentucky Judicial Conduct Commission; Eddy Coleman, in his official capacity as a member of the Kentucky Judicial Conduct Commission; Susan M. Johnson, in her official capacity as a member of the Kentucky Judicial Conduct Commission; Diane E. Logsdon, in her official capacity as a member of the Kentucky Judicial Conduct Commission; Joyce King Jennings, in her official capacity as a member of the Kentucky Judicial Conduct Commission; Lee E. Sitlinger, Jr., in his official capacity as chairperson of Panel A of the Kentucky Inquiry Commission; Reed N. Moore, Jr., in his official capacity as chairperson of Panel B of the Kentucky Inquiry Commission; Stephen L. Barker, in his official capacity as chairperson of Panel C of the Kentucky Inquiry Commission; Linda A. Gosnell, in her official capacity as Bar Counsel in Kentucky, Defendants-Appellees/Cross-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 13, 2010.

Attorney(s) appearing for the Case

ARGUED: James Bopp, Jr., Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant. Mark R. Overstreet, Stites & Harbison, PLLC, Frankfort, Kentucky, for Appellees. ON BRIEF: James Bopp, Jr., Anita Y. Woudenberg, Bopp, Coleson & Bostrom, Terre Haute, Indiana, for Appellant. Mark R. Overstreet, Stites & Harbison, PLLC, Frankfort, Kentucky, Bethany A. Breetz, Stites & Harbison, PLLC, Louisville, Kentucky, R. Gregg Hovious, Fultz Maddox Hovious & Dickens PLC, Louisville, Kentucky, for Appellees. Benjamin C. Mizer, David M. Lieberman, Emily S. Schlesinger, Office of the Ohio Attorney General, Columbus, Ohio, B. Eric Restuccia, Office of the Michigan Attorney General, Lansing, Michigan, for Amici Curiae.

SUTTON, J., delivered the opinion of the court, in which BATCHELDER, C.J., joined. WISEMAN, D.J. (p. 219), delivered a separate opinion concurring in part and dissenting in part.

OPINION

SUTTON, Circuit Judge.

Imagine if a State imposed these restrictions on candidates for election to the legislature: (1) They "shall not identify" themselves "as a member of a political party in any form of advertising or when speaking to a gathering"; (2) they "shall not solicit campaign funds"; and (3) they "shall not ... make a statement that a reasonable person would perceive as committing" the candidate to vote "a certain way on a[n] ... issue...

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