Of Prosecutors and Prejudice (Or “Do Prosecutors Have an Ethical Obligation Not to Say Racist Stuff on Social Media?”)

Alex B. Long - University of Tennessee College of Law
Vol. 55
February 2022
Page 1717

Given the special role that prosecutors occupy and the need to ensure the public that has faith that the criminal justice system operates free from bias, the same rule that requires judges to avoid extra-judicial activities that raise reasonable concerns regarding the judge’s impartiality, integrity, and independence should apply in the case of prosecutors. While the primary focus of this Article is on online speech, this proposed rule would apply to extra-prosecutorial speech and conduct more generally.

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