7th Circuit hears arguments on judicial free speech

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The 7th Circuit Court of Appeals heard arguments Friday morning in the case of Indiana Right to Life vs. Randall T. Shepard, et al., 06-4333, in which the state's Commission on Judicial Qualifications and Disciplinary Commission want the court to reverse the District Court's ruling that granted a permanent injunction against provisions in Indiana's Code of Judicial Conduct.

Representing the appellants, George T. Patton Jr. argued the plaintiffs in the case, Indiana Right to Life, do not have standing to bring the suit, stating Indiana Right to Life isn't a judge or judicial candidate and not subject to the canons, and are free to say and publish whatever information they want.

The question of why Indiana Right to Life was bringing the suit instead of a judge or judicial candidate was asked several times by the Circuit judges.

The Circuit judges also asked why Indiana Right to Life filed the suit instead of the judges. In response, the appellees argued the judges declined to answer the questionnaire because they feared facing disciplinary actions.

The judges also questioned how the canons affect Indiana Right to Life in their ability to publish the results of the two judges who did answer the organization's questionnaire.

The appellee argued the listener has an equal constitutional right to receive free speech and cited Shimer v. Washington, 100 F.3d 506 (7th Cir. 2003) and Penny Saver Publications, Inc. v. Village of Hazel Crest, 905 f.2d 150 (7th Cir. 1990). The person injured by not receiving speech brought the suits, in which the 7th Circuit held they had standing. Indiana Right to Life has constitutional right to receive speech as a listener and their speech has been chilled because of the prospect of punishment of those judges or judicial candidates who answered the questionnaires or declined to answer for fear of sanctions, the appellee argued.


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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...