SCOTUS denies Indiana judicial canons case
The Supreme Court of the United States has refused to take a case asking whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
First Amendment
Articles
Justices find email is constitutionally protected speech
A trial court erred in granting summary judgment to a fire chief and township in a firefighter’s suit following his termination by the chief for sending a personal, political email that the chief believed contained false statements of fact. The firefighter’s email was actually constitutionally protected speech, the Indiana Supreme Court held Thursday.
Religious-worship burglary enhancement doesn’t violate constitutions
The Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
Lawsuit challenges free-expression restriction at airport
A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.
Justices hear 3 cases, including robo-calls appeal
The Indiana Supreme Court heard three arguments this morning, including one case that it had granted emergency transfer to regarding whether the state should be constitutionally allowed to restrict robo-calls to residents.
Judges reverse dismissal of prisoner’s suit
The 7th Circuit Court of Appeals reversed the dismissal of a prisoner’s civil rights suit that stemmed from his lack of gloves while working in the cold to remove tree stumps.
State urges SCOTUS to deny judicial canons case
The Indiana Attorney General’s Office has filed a brief with the nation’s highest court, urging the justices to not hear a case about whether Indiana’s judicial canons constitutionally infringe on the free speech rights of those on or vying for seats on the bench.
Suit challenges Bible instruction at public school
A mother’s objection to Bible study being taught at her son’s public school has led her to file a lawsuit to stop the religious teaching.
SCOTUS asked to take both judicial canons appeals
A Terre Haute attorney wants the nation’s highest court to review two appellate cases out of Indiana and Wisconsin that uphold judicial canons and pose free speech questions about what judicial candidates can say or do when campaigning for office.
Religious defense doesn’t discharge court’s subject matter jurisdiction
A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
Circuit Court split on rehearing judicial canons case
Indiana’s two federal appeals judges disagree about whether the full 7th Circuit Court of Appeals should reconsider
a Wisconsin case about the judicial code of conduct in that state, paving the way for a further battle before the nation’s
highest court that could influence Indiana’s judicial canons.
7th Circuit upholds Indiana’s judicial canons
At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain
impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority
to self-regulate on those issues as it relates to judicial canons.
7th Circuit upholds Indiana judicial canons
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of
free speech and should stand.
Class action suit challenges voter-removal statute
State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind
bars, but that could change if a federal suit is successful.
Law doesn’t infringe on free speech
The Supreme Court of the United States ruled June 24 on the case of Doe v. Reed, No. 09-559, in which Terre Haute
attorney James Bopp Jr. was the lead attorney on the case that pitted free speech versus public disclosure of ballot petition
supporters.
COA balances free speech vs. minor’s privacy rights
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political
speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
Indiana lawyer loses SCOTUS case
A Terre Haute attorney has lost a free speech case before the Supreme Court of the United States, striking a blow to what
he calls an ongoing campaign to eliminate campaign finance reform.
Indiana attorney set for SCOTUS Wednesday
A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.
City stopped from enforcing adult-business law
A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.
SCOTUS recusal ruling cited in judicial-canon case
A federal judge in Fort Wayne is deciding whether the state's judicial conduct code should be able to restrict judicial candidates from answering surveys about views on issues they might someday hear in court.