Articles

Indiana Court Decisions — March 15-28, 2018

7th Circuit Court of Appeals March 21 Civil Plenary — Establishment Clause Freedom From Religion Foundation v. Concord Community Schools 17-1591, 17-1683 An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading […]

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Despite ‘role of Grinch,’ 7th Circuit won’t stop Christmas show

An Elkhart high school’s traditional “Christmas Spectacular” production that was canceled by a northern Indiana federal court because of its overt religiosity, then passed muster when Christian elements no longer took a leading role in a revival, won the reluctant blessing of the 7th Circuit Court of Appeals.

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ACLU reminder: student protesters have rights

In advance of Wednesday’s National School Walkout, the American Civil Liberties Union of Indiana is reminding public school administrators, principals and school board members that students have First Amendment rights.

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Gerrymandering challenges keep rising

Attorneys at Faegre Baker Daniels LLP are part of the legal team representing Michigan voters who filed a complaint in December over partisan gerrymandering. The suit brought to seven the number of such challenges filed since 2016 and fueled hope that the U.S. Supreme Court will rule the practice unconstitutional and offer guidance for how to draw district lines.

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RFRA’s unintended consequences

Indiana Senate Bill 101, the Religious Freedom Restoration Act, was signed by then-Gov. Mike Pence on March 26, 2015. An amendment was then signed the following month. Since, RFRA has been cited in a few unexpected ways.

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Church of Cannabis seeks sanctuary in RFRA; Hill asks court to rule for state

Indiana Attorney General Curtis Hill has asked a court to rule in the state’s favor against what he calls “a small group of marijuana enthusiasts operating in Indianapolis under the name ‘First Church of Cannabis.’” An attorney for the church said he was thrilled at Hill’s response to its lawsuit on religious freedom grounds.

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Topless woman’s complaint splits 7th Circuit

A Chicago woman’s decision to celebrate “Go Topless Day” by baring her breasts has cleaved the 7th Circuit Court of Appeals over whether she can now cloak herself in the First Amendment’s guarantee of freedom of speech.

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COA upholds prohibition on TV broadcast of court audio

The Indiana Court of Appeals has upheld a trial court ruling that prohibited a Fort Wayne TV station from broadcasting audio from a sentencing hearing it obtained through a public records request, finding the trial court’s ruling complied with both local rules and the First Amendment.

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COA rules for Purdue profs who complained about colleague

After filing a complaint against a coworker who made derogatory remarks toward other professors and the Islamic religion, a group of Purdue University professors have been granted their cross-motion for summary judgment against the coworker, who filed numerous First Amendment claims against them.

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COA: Churches aren’t school property; sex offenders can attend

Three convicted Boone County sex offenders can return to their church congregations after the Indiana Court of Appeals determined that churches are not considered “school property,” so state statute cannot prohibit the offenders from going to church, even when children are present.

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