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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. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  2. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  3. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

  4. My dear Smith, I was beginning to fear, from your absense, that some Obrien of the Nanny State had you in Room 101. So glad to see you back and speaking truth to power, old chum.

  5. here is one from Reason magazine. these are not my words, but they are legitimate concerns. http://reason.com/blog/2010/03/03/fearmongering-at-the-splc quote: "The Southern Poverty Law Center, which would paint a box of Wheaties as an extremist threat if it thought that would help it raise funds, has issued a new "intelligence report" announcing that "an astonishing 363 new Patriot groups appeared in 2009, with the totals going from 149 groups (including 42 militias) to 512 (127 of them militias) -- a 244% jump." To illustrate how dangerous these groups are, the Center cites some recent arrests of right-wing figures for planning or carrying out violent attacks. But it doesn't demonstrate that any of the arrestees were a part of the Patriot milieu, and indeed it includes some cases involving racist skinheads, who are another movement entirely. As far as the SPLC is concerned, though, skinheads and Birchers and Glenn Beck fans are all tied together in one big ball of scary. The group delights in finding tenuous ties between the tendencies it tracks, then describing its discoveries in as ominous a tone as possible." --- I wonder if all the republicans that belong to the ISBA would like to know who and why this outfit was called upon to receive such accolades. I remember when they were off calling Trent Lott a bigot too. Preposterous that this man was brought to an overwhelmingly republican state to speak. This is a nakedly partisan institution and it was a seriously bad choice.

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