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Indiana Supreme Court denies review of Kokomo case

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Within hours of hearing oral arguments, the Indiana Supreme Court decided not to grant transfer to review the case involving a Kokomo fire captain ;s demotion to firefighter because of comments made from outside the department. The appeals court had ruled the demotion did not constitute a violation of his First Amendment free-speech rights.

The court had not released a decision by early this afternoon, but the City of Kokomo had posted a press release saying the justices did not agree to accept transfer of in Kokomo v. Scott Kern, No. 34A04-0512-CV-726. Court officials confirmed transfer was denied.

The case stems from Kern ;s 2005 demotion, which was a result of his comments outside the department relating to a fireworks display in the neighborhood where he lived the year before. Fire Chief Dave Duncan denied an application for a fireworks display permit because it was considered incomplete, and Kern criticized the decision and made comments to the residents and local newspaper that it was politically motivated. The department denied those accusations and later demoted him for saying the comments brought the department into disrepute and undermined the administration.

The trial court found the demotion invalid because it violated Kern ;s free speech rights, but the Court of Appeals reversed that decision in its Aug. 17, 2006.

During Supreme Court arguments, attorney Andrew Wirick, representing Kokomo, argued this case is a matter of the department ;s integrity while Kern ;s attorney John Kautzman said it comes down to free speech only being protected for complimentary speech, which discourages public employees from publicly speaking about matters of concern. Justices asked questions about fabricated statements, political affiliations, and variations of harm caused by comments.

"This is an important case not only for the City of Kokomo but also for every city in Indiana," Kokomo ;s corporate counsel Jon Mayes said in the news release. "The City is a firm believer in protecting the First Amendment rights of citizens, but the courts recognize that those being unjustly criticized also have rights."
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  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

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