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Judge sees shift in 'constitutional jurisprudence' in protected speech cases

Michael W. Hoskins
January 1, 2007
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A separate concurring opinion by a Court of Appeals judge describes what he calls "a fundamental shift in Indiana's constitutional jurisprudence."

Judge James S. Kirsch made his statements in the unanimous, 3-0 opinion today in Latoya A. Blackman v. State of Indiana, No. 49A02-0610-CR-893, which involves a woman convicted of disorderly conduct in 2005 for yelling, swearing, and non-compliant behavior toward police officers during a vehicle narcotics search of the car in which she was riding.

The court ruled that Blackman's arrest for disorderly conduct did not violate the law and that her speech was not considered political speech protected by the constitution.

While concurring, Judge Kirsch noted, "I write separately only to note what I believe is a fundamental shift in Indiana's constitutional jurisprudence."

He voiced disagreement with recent cases following a landmark ruling by the Indiana Supreme Court in Price v. State, 622 N.E. 2d 957 (1993), which held that protections were afforded to similar type speech. Since then, the state's justices in January decided J.D. v. State, 859 N.E.2d 341 (Ind. 2007), which held that speech - albeit political - was not entitled to constitutional protection where it consisted of "persistent loud yelling over and obscuring of [the arresting officer's] attempts to speak and function as a law officer." This was an abuse of free speech, the court wrote.

"Without regard to whether J.D. is the death knell of Price and Indiana's independent constitutional jurisprudence, Blackman's speech here falls within that determined to be abusive by the Court in J.D.," he wrote. "Accordingly, I concur in the majority's decision."
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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