ILNews

Judicial free-speech cases dismissed

Jennifer Nelson
January 1, 2007
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The 7th Circuit Court of Appeals reversed the decision of the U.S. District Court for the Northern District of Indiana, which ruled the "pledges" and "commitments" clauses of Indiana Code of Judicial Conduct were unconstitutional.

In Indiana Right to Life, et al. v. Randall T. Shepard, et al., 06-4333, the Circuit Court dismissed Indiana Right to Life's complaint against the Indiana Commission on Judicial Qualifications and the Indiana Disciplinary Commission that Canon 5A(3)(d)(i) and (ii) is unconstitutional, stating the group had no standing to bring the complaint.

Indiana Right to Life sent questionnaires in 2002 and 2004 to judicial candidates seeking their answers to questions on topics such as abortion and physician-assisted suicide. In 2002, nine candidates answered; in 2004, eight candidates responded and only two provided substantive answers.

The six responses contained various explanations as to why the judges declined to answer the questions, but all mentioned their reasons for declining to answer were their own decisions and not influenced by potential discipline from the Commission on Judicial Qualifications.

Right to Life argues the "pledges" and "commitments" canon inhibits judicial candidates from stating their views on the issues and violates Right to Life's First Amendment right to receive and publish protected free speech.

Circuit Judge Terence Evans wrote in the opinion that in order for Right to Life to bring the complaint, they must have "a cognizable injury that is causally connected to the alleged conduct and is capable of being redressed." Right to Life claims they have the "right to listen," but there is no willing speaker nor is there a speaker who has been subjected to sanctions based on the code, so Right to Life does not have standing.

There were no judges who wanted to speak but were constrained because of the Judicial Code or who feared being disciplined, nor were any judges disciplined for a violation of the canon.
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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

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