No. 25-1215October Term 2025Before Arguments
Mark B. Cohen, Petitioner v. Judicial Conduct Board of Pennsylvania
from the Supreme Court of Pennsylvania, Eastern District.
Case status
- Current stage
- Before Arguments
- Latest event
- Accepted by the Court
- Decision timing
- No window until argument is scheduled.
- What it's about
from the Supreme Court of Pennsylvania, Eastern District.
Question presented
Whether content-based restrictions on the speech of sitting judges must satisfy strict scrutiny, such that the decision of the Supreme Court of Pennsylvania violates the First Amendment.
- Case path
Supreme Court of Pennsylvania, Eastern District / Accepted by the Court
- Area
First Amendment
Timing
Expected by late June 2026, if argued this term
The Court granted review but has not yet scheduled oral argument. Once argued, the median case reaches a decision in 94 days. Nearly all cases are decided by the end of the term in which they are argued.
Briefing
What it's about
Mark B. Cohen has asked the U.S. Supreme Court to review a Pennsylvania decision involving restrictions on the speech of a sitting judge. The petition asks whether content-based speech rules for judges must satisfy strict scrutiny (the toughest First Amendment test).
Argument
A petition for certiorari (a request for Supreme Court review) has been filed, but no oral argument is scheduled yet. Cohen argues that content-based limits on a sitting judge's speech should face strict scrutiny.
Impact
The answer could affect how far states may go in policing what sitting judges say. It could shape when a judicial conduct board may punish a judge for speech based on its subject matter.
What is at stake in Mark B. Cohen v. Judicial Conduct Board of Pennsylvania?
The case asks whether speech rules aimed at what a sitting judge said must meet strict scrutiny under the First Amendment. It challenges a Pennsylvania decision involving those limits.
Who could be affected by Cohen's case?
Sitting judges, state judicial conduct boards, and people who appear in court could be affected. The result could change when judge speech may be disciplined because of its content.
What happens next in Mark B. Cohen v. Judicial Conduct Board of Pennsylvania?
The justices will first decide whether to hear the case. If they grant review, the Court would later schedule briefing and oral argument.
Related cases
Grounding
- Grounding
- Primary materials plus reporting.
- Note
- Best-effort analysis: this explainer relies on a mix of primary materials and trusted secondary sources. Official filings and opinions remain authoritative.
- Checked
- Jul 17, 2026
- Method
- Methodology