California, United States of America
The following excerpt is from Younger v. Smith, 106 Cal.Rptr. 225, 30 Cal.App.3d 138 (Cal. App. 1973):
2. Prosecutors, of course, do not lose their First Amendment rights when they assume office. (Cf. Garrison v. Louisiana, 379 U.S. 64, 85 S.Ct. 209, 13 L.Ed.2d 125.) We recognize that much in Younger. They are, however, elected or appointed to prosecute criminal cases, rather than to talk about them. By taking office they necessarily accept certain limitations. 27 Their constituents may properly expect that they cooperate in the courts' efforts to avoid frustration of successful criminal prosecutions, by inhibiting conditions which prevent fair trials and call for mistrials or reversals. No sensible argument can be made that if it is essential to a public official's successful performance that he limit himself in his speech, he nevertheless has an absolute constitutional right to
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