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The Daily Cardinal Est. 1892
Tuesday, June 24, 2025

Legal action against judge violates First Amendment rights, lawyers say

Lawyers for State Supreme Court Justice Michael Gableman reacted Wednesday to the Judicial Commission's complaint that alleges one of his ads attacking former Justice Louis Butler was misleading. 

 

Before the April 1 judicial election, Gableman ran an ad claiming Butler allowed a rapist to go free and molest a child while serving as a public defender. 

 

The Judicial Commission filed a complaint against Gableman claiming this ad portrays misleading information about Butler and violates the Judicial Conduct Code, which forbids judicial candidates from running false ads. 

 

Gableman's lawyers said in court documents filed Wednesday the ad does not contain information that is objectively"" false and provisions of the Judicial Conduct Code violate his First Amendment rights. 

 

The lawyers said the conduct code is vague and ""the veracity of speech cannot be regulated by the government."" 

 

A panel of three judges will decide if and how Gableman will be punished.

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