In Re: Judge Mark B. Cohen

The Pennsylvania Supreme Court affirmed suspension of judge who posted partisan comments on social media during his term while not running for retention election, holding a balancing test, not strict scrutiny, applied to his speech. Under the test, if a sitting judge speaks outside his official duties on a matter of public concern, Pennsylvania courts must balance the state’s interest in protecting efficient administration of justice, including in an impartial and independent judiciary, against the judge’s interest in the speech.