ILNews

SCOTUS won't hear free-speech cases

Michael W. Hoskins
January 1, 2007
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The Supreme Court of the United States has decided against taking two Indiana cases that involve free-speech issues.

At its conference last week when the high court decided to examine Indiana's two-year-old voter identification law, justices also declined to hear James G. Gilles v. Bryan K. Blanchard, et al., 06-1617, and Deborah A. Mayer v. Monroe County Community School Corp., et al., 06-1993. The court posted an order denying the cases Monday.

The denials mean the previous decisions from the 7th Circuit Court of Appeals now stand as the final ruling in the cases.

In Gilles, the 7th Circuit in February held that a Vincennes University policy restricting uninvited "solicitations" on campus doesn't violate constitutional rights. The suit stemmed from a 2001 incident in which a Christian preacher wanted to speak on the public university's library lawn - not in a walkway outside the student union where he needed university permission - and refused to leave when asked. The Circuit Court upheld the decision by Chief Judge Larry McKinney in the U.S. District Court's Southern District of Indiana, who dismissed the case in favor of the university.

The 7th Circuit wrote, "The issue more simply posed is whether a university should be able to bar uninvited speakers under a policy that by decentralizing the invitation process assures nondiscrimination, and a reasonable diversity of viewpoints consistent with the university's autonomy and right of self-governance. We have tried to explain why the Constitution does not commit a university that allows a faculty member or student group to invite a professor of theology to give a talk on campus also to invite Brother Jim and anyone else who would like to use, however worthily, the university's facilities as his soapbox. To call the library lawn therefore a "limited designated public forum" is an unnecessary flourish. Affirmed."

In Mayer, justices declined to revisit a case involving a Bloomington teacher who was fired for comments she made about the Iraq war to elementary students during class. The decision upheld a prior ruling by U.S. District Judge Sarah Evans Barker in the Southern District of Indiana.

"It is enough to hold that the first amendment does not entitle primary and secondary teachers, when conducting the education of captive audiences, to cover topics, or advocate viewpoints, that depart from the curriculum adopted by the school system," the 7th Circuit wrote in that January decision.
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  1. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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