The First Amendment protects and promotes unfettered and robust debate, discussion and speech on political candidates, political issues and public affairs. But does it protect or recognize a right to seek political office, to be a candidate for political office? "No" answered the Kentucky Supreme Court recently in Cook v. Popplewell, No. 2009-SC-341 (December 22, 2011), affirming summary dismissal orders of the trial court and Court of Appeals and adopting a distinctly minority view on the issue.
Stacie Cook was employed as a deputy clerk in the Russell County Clerk's office. Shortly after she announced her candidacy to challenge her boss and the incumbent, Lisha Popplewell, in the 2006 election she was fired. Cook filed suit under 42 USC 1983 claiming that her firing violated her First Amendment rights. More specifically, Cook claimed that she was fired based on the mere fact that she was a candidate for the office not because of any speech in which she claimed she was a superior candidate or because of any affiliation or alliance she entered to promote her candidacy. Accordingly, the Court framed the question as "whether candidacy for political office, standing alone, receives protection under the First Amendment?" On this question the Court majority (Justices Venters, Cunningham, Schroder and Scott), held "that the First Amendment affords no constitutional protection to candidacy for political office per se."
Justice Abramson authored a concurring opinion joined by Chief Justice Minton and Justice Noble. While agreeing that Cook was not entitled to any relief, the concurrence rejected the view "that candidacy, running for office, seemingly one of the most basic forms of speech a democratic society fosters, enjoys no protection under the First Amendment."
Robert L. Abell
www.RobertAbellLaw.com
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