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Judge: St. Johns County Commissioner Krista Joseph's election comments protected by First Amendment

The ruling comes after a monthslong legal battle regarding comments made by Joseph during a November county commission meeting.

ST. JOHNS COUNTY, Fla. — A judge ruled Wednesday in favor of a St. Johns County commissioner accused of election interference, saying her First Amendment right to free speech is protected even at a county commission meeting.

The ruling comes after a monthslong legal battle regarding comments made by St. Johns County Commissioner Krista Joseph during a November county commission meeting.

Joseph waived a flag and held an elections guide while reminding voters during a meeting that they could vote out incumbents in the upcoming August election.

She told voters if they were not happy with the way the county was going, "In less than nine months, we have an election," Joseph said.

The other county commissioners objected to her making those comments during a meeting.

In response to the incident, St. Johns County hired an outside attorney. The attorney argued Joseph's comments violated election law by speaking about an election as a county commissioner during a county commission meeting.

Joseph filed a federal lawsuit, asking the judge to determine if she was in her right to speak about elections. 

In a ruling Wednesday, Judge Harvey Schlesinger said: "Simply because a person is an elected official, such as a county commissioner, this rightful freedom to speak out so as to inform the electorate cannot be restricted."

Joseph is not running for re-election but is supporting others who are running against incumbents.

The county commissioner races could likely be determined in the primary election.

Read the judge's ruling below:

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