Chief Justice Roberts discusses a dilemma confronting states that choose to have judicial elections. Having itself chosen to select judges through a popular election, a state must protect the integrity of the judiciary without violating the First Amendment rights of judicial candidates.

Richard agrees that judicial elections present difficult questions of balancing these “two fundamental constitutional interests”: the judicial candidate’s First Amendment right to free speech and the state’s interest in “a judiciary which avoids both the reality and the appearance of corrupt influence.”