Eugene Volokh updates the tale of the Indiana Court System ignoring the First Amendment:
Last months I blogged about State v. Brewington, an Indiana Court of Appeals decisions that I thought was inconsistent with the First Amendment. I’m pleased to say that today (with the help of local counsel Jim Bopp and Justin McAdam) I filed a pro bonoamicus brief urging the Indiana Supreme Court to consider the case.
Volokh points out in the amicus brief, their reading of the law suggests that prosecution is appropriate in situations like these:
1. a columnist’s writing, “Legislator A’s vote on issue B is ridiculous, and I intend to ridicule him until his constituents view him with contempt”;
2. an advocacy group’s picketing a store with signs saying, “The store owner’s decision to stock product C is disgraceful, and we hope our speech will expose the owner to disgrace and ostracism”;
3. a politician’s saying, “The incumbent’s decision D is so foolish that, once I publicize it, the incumbent will be the laughingstock of the state.”
Talk about some crazy rulings from these Judges in Indiana. The Court system in Indiana seems to be circling the wagons to protect their own.