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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. OK, now do something about this preverted anacronism

  2. William Hartley prosecutor of Wabash county constantly violates people rights. Withholds statement's, is bias towards certain people. His actions have ruined lives and families. In this county you question him or go out of town for a lawyer,he finds a way to make things worse for you. Unfair,biased and crooked.

  3. why is the State trying to play GOD? Automatic sealing of a record is immoral. People should have the right to decide how to handle a record. the state is playing GOD. I have searched for decades, then you want me to pay someone a huge price to contact my son. THIS is extortion and gestapo control. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW. OPEN THE RECORDS NOW.

  4. I haven't made some of the best choices in the last two years I have been to marion county jail 1 and two on three different occasions each time of release dates I've spent 48 to 72 hours after date of release losing a job being denied my freedom after ordered please help

  5. Out here in Kansas, where I now work as a government attorney, we are nearing the end of a process that could have relevance in this matter: "Senate Bill 45 would allow any adult otherwise able to possess a handgun under state and federal laws to carry that gun concealed as a matter of course without a permit. This move, commonly called constitutional carry, would elevate the state to the same club that Vermont, Arizona, Alaska and Wyoming have joined in the past generation." More reading here: http://www.guns.com/2015/03/18/kansas-house-panel-goes-all-in-on-constitutional-carry-measure/ Time to man up, Hoosiers. (And I do not mean that in a sexist way.)

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