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The Supreme Court declined Monday to hear an appeal from a former Pennsylvania judge who was suspended after repeatedly posting partisan political content on Facebook, including praise for former President Joe Biden and his policies.
Former Judge Mark Cohen, a former Democratic state lawmaker who began serving on the Philadelphia Court of Common Pleas in 2018, made dozens of politically charged Facebook posts while on the bench, even after being warned to stop. Cohen appealed to the Supreme Court in April, with his lawyers arguing that the former judge’s First Amendment rights had been violated.
“Allowing judges to be disciplined based on the perceived ‘tone’ or ‘volume’ of lawful speech promotes arbitrary enforcement, invites political interference in the judicial branch, and threatens to undermine the rule of law,” Cohen’s lawyer told Law.com at the time. “This case presents an urgent opportunity for the court to restore constitutional clarity and reestablish the First Amendment’s protection of the rights of sitting judges to speak on matters of public concern.”
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The Supreme Court declined to take up Cohen’s case, denying his petition without comment.
Pennsylvania’s Judicial Conduct Board argued that the Supreme Court did not need to hear Cohen’s appeal because his social media activity amounted to “partisan cheerleading” and his suspension reflected a “straightforward application of familiar rules that judges around the country have followed for decades.”
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Pennsylvania’s highest court concluded that the volume and tone of Cohen’s posts made him appear to be an advocate for the Democratic Party.
In November 2021, Cohen promoted Biden’s Build Back Better legislation, saying its passage would improve “many, many American lives.” A year later, on Biden’s birthday, Cohen called him “an excellent President” and said he looked forward to “many more achievements.”
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Cohen also made posts taking specific policy positions, including one in favor of higher minimum wage laws and another against restrictions on elective abortions. Cohen also highlighted his record on gun policy, including a post noting that he had consistently received an “F” rating from the National Rifle Association while serving in the state legislature.
Cohen’s Supreme Court petition says the suspension also triggered the forfeiture of his judicial and prior public-service pensions.
DLA Piper, the law firm representing Cohen, did not respond Wednesday to Fox News Digital’s request for comment.
