Senate Bill 2686

    Florida Senate - 1998                                  SB 2686

    By Senator Dudley





    25-1995-98

  1                      A bill to be entitled

  2         An act protecting the right of free expression

  3         of candidates for public office; granting all

  4         candidates for public office the right to

  5         express their positions on public issues;

  6         repealing provisions of the Code of Judicial

  7         Conduct which conflict with this right;

  8         providing an effective date.

  9

10         WHEREAS, the First Amendment of the United States

11  Constitution prohibits governments from abridging the freedom

12  of speech, and

13         WHEREAS, Section 4 of Article I of the State

14  Constitution grants to every person the right to speak, write,

15  and publish his or her sentiments on all subjects and

16  prohibits any law that restrains or abridges the liberty of

17  speech, and

18         WHEREAS, no form of expression is more sacred to these

19  protections than political speech, and no political speech is

20  more worthy of these protections than that of candidates for

21  public office, and

22         WHEREAS, freedom of political expression is the

23  linchpin of our liberty, and, for our liberty to remain

24  secure, governments must not restrain the liberty of

25  candidates for public office to exercise the right of

26  expression granted to all, NOW, THEREFORE,

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28  Be It Enacted by the Legislature of the State of Florida:

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30         Section 1.  All candidates for public office, including

31  candidates for judicial office, have the right to publicly

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                  SB 2686
    25-1995-98




  1  express their positions on public issues, and no agency of

  2  government may restrict this right.

  3         Section 2.  Pursuant to both the authority granted to

  4  the Legislature by Section 2 of Article V of the State

  5  Constitution to repeal rules of practice and procedure of the

  6  Supreme Court and the power reserved to the Legislature by

  7  Section 1 of Article VI of the State Constitution to regulate

  8  elections, and in furtherance of the right of free speech

  9  granted to all by Section 4 of Article I of the State

10  Constitution, those provisions of the Code of Judicial Conduct

11  which conflict with the provisions of this act are repealed to

12  the extent of that conflict.

13         Section 3.  This act shall take effect July 1, 1998,

14  except that section 2 of this act shall take effect only if

15  this act is enacted by at least a two-thirds vote of the

16  membership of each house of the Legislature.

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19                          SENATE SUMMARY

20    Grants all candidates for public office the right to
      express their positions on public issues. Repeals
21    conflicting provisions of the Code of Judicial Conduct.

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