Supreme Court Rejects Appeal of Judge Disciplined for Pro-Biden Social Media Posts

The Supreme Court has declined to hear an appeal from a former Pennsylvania judge who was suspended for repeatedly posting partisan political content on Facebook, including praise for President Joe Biden and his policies.

Former Judge Mark Cohen, 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, arguing that his First Amendment rights had been violated.

Cohen's lawyers contended that allowing judges to be disciplined based on the perceived "tone" or "volume" of lawful speech promotes arbitrary enforcement and threatens the rule of law. They argued the case presented an urgent opportunity for the court to clarify the First Amendment's protection of judges' rights to speak on matters of public concern.

Pennsylvania's Judicial Conduct Board argued that Cohen's social media activity amounted to "partisan cheerleading" and that his suspension was a "straightforward application of familiar rules." The state'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, stating its passage would improve "many, many American lives." A year later, on Biden's birthday, Cohen called him "an excellent President" and expressed anticipation for "many more achievements."

Cohen also took specific policy stances in his posts, advocating for higher minimum wage laws and opposing restrictions on elective abortions. He also highlighted his record on gun policy, noting a consistent "F" rating from the National Rifle Association during his time in the state legislature.

Cohen’s Supreme Court petition stated that the suspension also resulted in the forfeiture of his judicial and prior public-service pensions.

The Supreme Court denied his petition without comment. DLA Piper, the law firm representing Cohen, did not immediately respond to a request for comment.