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Volokh: Case will have ramifications beyond Indiana

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First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.

In arguing the First Amendment implications of the case in which Daniel Brewington was convicted of intimidating a judge and other charges, Volokh said the statute under which Brewington was prosecuted wasn’t just unconstitutional as applied to him, but unconstitutional on its face.

After the Indiana Court of Appeals affirmed Brewington’s convictions, Volokh blogged about it on his site and built an unlikely coalition of a dozen amici who asked the court to rule part of Indiana’s intimidation statute unconstitutional.

They point to language in I.C. 35-45-2-1 that defines intimidation as a threat intended to “expose the person threatened to hatred, contempt, disgrace, or ridicule.” The Court of Appeals held that under the statute, the crime “consists of threatening the victim with the intention of placing the victim in fear for a prior lawful act. The truthfulness of the threatened disclosure is not necessarily relevant to prosecution because the harm, placing a victim in fear, occurs whether the publicized conduct is true or false.”

Volokh and others argued that taken a step further, the opinion could be used to potentially prosecute people for political speech or even expressing opinions in letters to the editor or forums such as Angie’s List, for example.

“If the Court of Appeals decision is allowed to stand, it would be a precedent that could be cited in other states,” he said.

Volokh’s argument before the court was presented on behalf of himself and the following amicus joiners: American Civil Liberties Union of Indiana, Eagle Forum, Hoosier State Press Association, Indianapolis Star, Indiana Association of Scholars, Indiana Coalition for Open Government, James Madison Center for Free Speech, NUVO Newsweekly, former IUPUI School of Journalism Dean James W. Brown and IUPUI professors Anthony Fargo and Sheila S. Kennedy.•
 

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  1. First comment on this thread is a fitting final comment on this thread, as that the MCBA never answered Duncan's fine question, and now even Eric Holder agrees that the MCBA was in material error as to the facts: "I don't get it" from Duncan December 1, 2014 5:10 PM "The Grand Jury met for 25 days and heard 70 hours of testimony according to this article and they made a decision that no crime occurred. On what basis does the MCBA conclude that their decision was "unjust"? What special knowledge or evidence does the MCBA have that the Grand Jury hearing this matter was unaware of? The system that we as lawyers are sworn to uphold made a decision that there was insufficient proof that officer committed a crime. How can any of us say we know better what was right than the jury that actually heard all of the the evidence in this case."

  2. wow is this a bunch of bs! i know the facts!

  3. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  4. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  5. It's a capital offense...one for you Latin scholars..

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