Justices uphold conviction for blogger’s threat to judge
The Indiana Supreme Court held that a blogger’s actions arising from being stripped of his children’s custody placed targets of his contempt in fear for their safety.
First Amendment
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Supreme Court draws distinctions in blogger Brewington case
Blogger Daniel Brewington’s convictions for intimidating Dearborn Circuit Judge James Humphrey and obstruction of justice were upheld by the Indiana Supreme Court Thursday, but under different reasoning than the Indiana Court of Appeals applied.
Blogger Brewington loses Supreme Court appeal over online threat
The Indiana Supreme Court Thursday affirmed multiple convictions of a southern Indiana man who threatened a judge through inflammatory posts on a blog.
Councilor: ACLU settlement won’t deter panhandling proposal
The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.
Settlement of federal case requires Indianapolis police to revise procedure
As part of a settlement to a federal civil rights case, the Indianapolis Metropolitan Police Department will be instituting a new policy prohibiting police officers from interfering with civilians who are recording their actions.
Judges order injunction against enforcement of permit policy
A man who wanted to protest a proposed United Nations arms treaty on Indianapolis’ Monument Circle in 2012 but was kicked off the property because of a lack of permit was victorious in the 7th Circuit Court of Appeals Tuesday.
Notre Dame refiles suit against Obamacare ‘contraception mandate’
The University of Notre Dame has refiled a federal lawsuit seeking to block enforcement of the so-called contraception mandate included in the Patient Protection and Affordable Care Act.
7th Circuit: Federal law does not preempt Indiana’s ‘robo-call’ statute
The 7th Circuit Court of Appeals Thursday reversed the decision by a federal judge that Indiana’s Automated Dialing Machine Statute is preempted by the federal Telephone Consumer Protection Act. The injunction entered against enforcing the law had been stayed by the appellate court pending appeal.
7th Circuit blocks Obamacare ‘contraception mandate’
Roman Catholic employers – including the owners of an Indiana company – won a Circuit Court ruling Friday blocking the “contraception mandate” contained in the Patient Protection and Affordable Care Act, commonly referred to as Obamacare.
Supreme Court vacates transfer in Star commenter case
The Indianapolis Star has signaled an intent to comply with a court order to identify an anonymous online commenter whose remarks about a former Junior Achievement leader are part of a defamation lawsuit, according to an attorney representing the former executive.
Volokh: Case will have ramifications beyond Indiana
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
Brewington case focuses First Amendment attention on Indiana
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
ACLU alleges IMPD officers infringed panhandlers’ free-speech rights
The ACLU of Indiana has filed a federal lawsuit claiming the city and Indianapolis Metropolitan Police Department officers violated the free speech rights of indigent panhandlers ordered to move from near Circle Center Mall last week.
Prisoner adequately stated First Amendment claim against DOC employees
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
Attorney says Washington nonprofit’s complaints are part of ‘smear’ campaign
Terre Haute conservative attorney James Bopp Jr. says that an IRS whistleblower suit and other complaints alleging Bopp has diverted funds from the nonprofit James Madison Center for Free Speech to his law firm are part of a “smear machine” by Citizens for Responsibility and Ethics in Washington.
Man loses challenge to Internet access restrictions
A convicted sex offender’s probation condition restricting his access to certain websites and programs that are frequented by children does not violate the man’s First Amendment rights, the Indiana Court of Appeals ruled Tuesday.
Police officer’s suit alleging retaliation for political comment survives
The 7th Circuit Court of Appeals has reversed summary judgment in favor of two Portage police officers and the city on a detective’s claim that he was transferred in retaliation for comments he made to a local newspaper following the mayoral primary election in 2007.
SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come
Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.
Justices look to set arguments in Rockport, blogger’s intimidation cases
The Indiana Supreme Court may hold arguments in September on the case involving the controversial Rockport coal gasification plant as well as on the case of a Dearborn County man who was convicted of intimidation of a judge based on online rants.
Criticism of judge results in discipline case
Indianapolis attorney and blogger Paul Ogden speaks his mind, sometimes to his disadvantage, he concedes. Now he could lose his law license because of things he wrote.