Settlement allows children to visit Allen County Jail inmates
A settlement in a federal lawsuit ends a policy that prohibited Allen County Jail inmates from receiving visits from their children, among other agreed changes.
First Amendment
Articles
County wants U.S. Supreme Court to hear church grants case
A New Jersey county wants the U.S. Supreme Court to overturn a ruling that bars a longstanding practice of giving public historic preservation grants to churches.
7th Circuit rejects Hustler Hollywood’s zoning denial appeal
An adult entertainment business cannot set up shop at its desired Indianapolis location after the 7th Circuit Court of Appeals upheld a city ordinance that prohibits such businesses from operating in certain zoning districts.
Indiana lawsuit over Pledge of Allegiance dismissed
A federal judge in Terre Haute has dismissed a lawsuit that accused a western Indiana elementary school principal and a teacher of violating a student’s constitutional rights by forcing him to say the Pledge of Allegiance.
Judge strikes down Hamilton County sign restrictions
A judge in Noblesville struck down Hamilton County’s sign ordinance and said that the restrictions created a chilling effect on free speech. A county official said it’s unlikely the county will appeal.
Indiana Court Decisions — March 15-28, 2018
7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]
Former phone sex operator loses summary judgment in National Guard case
A former phone sex operator who was terminated from an AmeriCorps program has lost her bid for partial summary judgment based on an alleged First Amendment violation.
Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show
An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.
High court takes up crisis centers’ abortion information challenge
The Supreme Court of the United States is hearing arguments in a free speech fight over California’s attempt to regulate anti-abortion crisis pregnancy centers.
ACLU reminder: student protesters have rights
In advance of Wednesday’s National School Walkout, the American Civil Liberties Union of Indiana is reminding public school administrators, principals and school board members that students have First Amendment rights.
ACLU of Indiana sues county over ‘not my mayor’ sign
The American Civil Liberties Union of Indiana has filed a lawsuit against Randolph County after a Winchester resident was ordered to remove a sign from her yard expressing opposition of an elected official in her city.
COA: State Fair board did not chill china painter’s free speech
The Indiana Court of Appeals gave a cold reception to a painter’s argument that the Indiana State Fair Board’s power to ban her from art competitions at the annual state fair “chilled” her right to free speech.
Gerrymandering challenges keep rising
Attorneys at Faegre Baker Daniels LLP are part of the legal team representing Michigan voters who filed a complaint in December over partisan gerrymandering. The suit brought to seven the number of such challenges filed since 2016 and fueled hope that the U.S. Supreme Court will rule the practice unconstitutional and offer guidance for how to draw district lines.
RFRA’s unintended consequences
Indiana Senate Bill 101, the Religious Freedom Restoration Act, was signed by then-Gov. Mike Pence on March 26, 2015. An amendment was then signed the following month. Since, RFRA has been cited in a few unexpected ways.
Church of Cannabis seeks sanctuary in RFRA; Hill asks court to rule for state
Indiana Attorney General Curtis Hill has asked a court to rule in the state’s favor against what he calls “a small group of marijuana enthusiasts operating in Indianapolis under the name ‘First Church of Cannabis.’” An attorney for the church said he was thrilled at Hill’s response to its lawsuit on religious freedom grounds.
Opponents in LGBT case agree: It’s not about wedding cake
In a legal case with profound implications for LGBT rights and religion’s place in public life, the opposing sides agree on this: It's not about the cake.
First Amendment suit challenging Charter School Act proceeds
A federal lawsuit alleging Indiana’s Charter School Act violates the First Amendment Establishment Clause will proceed after a district court judge declined to dismiss a portion of the complaint against a Monroe County charter school.
In legal gray area, social media use may impact work life
For employment attorneys, an ever-growing part of the job may include workplace investigations involving the use of social media by employees, on or off the clock.
Free speech, fair trials collide at ex-Lake County sheriff’s sentencing
With Lake County seemingly awash in political corruption, a local newspaper is trying to uproot the culture of kickbacks and payouts by putting the spotlight on those who speak in favor of the latest elected official to be convicted. The Lake County Bar Association formally opposes the action.
Topless woman’s complaint splits 7th Circuit
A Chicago woman’s decision to celebrate “Go Topless Day” by baring her breasts has cleaved the 7th Circuit Court of Appeals over whether she can now cloak herself in the First Amendment’s guarantee of freedom of speech.