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Supreme Court Leaves Judge’s Suspension Intact Over Democratic Facebook Advocacy

The justices left intact rulings that found his Facebook posts violated judicial conduct rules and undermined confidence in the bench.

  • On Oct. 5, the Supreme Court declined to hear an appeal from Mark Cohen, a former Pennsylvania judge suspended for partisan Facebook posts, leaving his suspension in place.
  • Pennsylvania judicial authorities suspended Cohen in 2024 after reviewing more than 60 Facebook posts praising President Joe Biden and Gov. Josh Shapiro while criticizing Republicans, violating judicial conduct rules.
  • Cohen argued his speech was protected by the First Amendment, but the Court applied a balancing test, deciding the Commonwealth's interest in judicial impartiality outweighed his interest in advocating for the Democratic Party.
  • Rejecting strict scrutiny, the Court concluded sitting judges face stricter speech limits than ordinary political speakers to preserve public confidence in judicial independence and impartiality.
  • For nearly 25 years, courts have struggled to determine if precedents applying strict scrutiny to political speech by judicial candidates also apply to sitting judges, leaving the applicable standard deeply divided.
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The Epoch Times broke the news in New York, United States on Monday, October 5, 2026.
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