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 just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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