Can you strongly disparage a judge without fear of being arrested for your words? The answer is yes under the First Amendment to the U.S. Constitution. But that didn’t stop a Cincinnati blogger from being convicted of intimidation two years ago after strenuously criticizing the judge in his Indiana divorce case. The blogger is Daniel Brewington, and his case is now on appeal, with oral arguments scheduled before the Indiana Supreme Court in September.
If Brewington’s conviction is upheld, it will be a threat to the free speech rights of just about anyone in Indiana, and that is why ICOG, along with a number of professors, media organizations and others, has signed on to an amicus brief on Brewington’s behalf. We’ll be watching the case closely, of course, so keep an eye on our site for updates.
Meanwhile, if you want to know more about the case, here is a link to a USA Today article about it. And for even more detail, including the arguments being made in the amicus brief, check out the posts by Eugene Volokh, the UCLA law professor who put the brief together.