Wading Through the 'Morass': The Eleventh Circuit Recognizes a Right to Candidacy in Randall V. Scott

12 Pages Posted: 17 Feb 2012  

Kevin C. Quigley

Boston College Law Review

Date Written: January 1, 2011

Abstract

On June 30, 2010, the U.S. Court of Appeals for the Eleventh Circuit in Randall v. Scott held that the First Amendment affords protection to an individual based on the mere basis of that individual’s political candidacy. In so doing, the Randall court departed from other circuit courts, which had approached the issue by way of analogy to the First Amendment freedoms of speech and association. This Comment concludes that the Eleventh Circuit’s novel approach, although well intentioned, is only tenuously grounded in Supreme Court precedent.

Keywords: Political Candidacy, First Amendment, Clements v. Fashing, Bullock v. Carter

Suggested Citation

Quigley, Kevin C., Wading Through the 'Morass': The Eleventh Circuit Recognizes a Right to Candidacy in Randall V. Scott (January 1, 2011). Boston College Law Review Electronic Supplement, Vol. 52, p. 185, 2011. Available at SSRN: https://ssrn.com/abstract=2006480

Kevin C. Quigley (Contact Author)

Boston College Law Review ( email )

885 Centre Street
Newton, MA 02459-1163
United States

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