![]() ![]() "If the Court of Appeals decision is allowed to stand, then much criticism of legislators, executive officials, judges, businesspeople, and others - whether by newspapers, advocacy groups, politicians, or other citizens - would be punishable."īrewington's lawyer, Michael K. The outcome of Brewington's appeal "endangers the free speech rights of journalists, policy advocates, politicians, and ordinary citizens," Eugene Volokh, a professor at the University of California-Los Angeles School of Law, wrote in the coalition's request for a Supreme Court review. Humphrey in the Cincinnati suburb of Lawrenceburg, Ind., the target of most of Brewington's stinging attacks, declined to comment for this story. The attorney general represents prosecutors in criminal appeals and, a spokesman said the office is prepared to show Brewington's convictions don't run counter to the First Amendment.ĭearborn County Circuit Judge James D. If the Supreme Court accepts the case, Brewington's lawyer and the coalition will square off against the Indiana attorney general. "We're concerned that the intimidation law, as used in this case, infringes upon protected speech and could be used as a weapon to go after anyone - whether that's a journalist, a private citizen, an activist, whatever the case - who doggedly criticizes the actions of public officials or public figures." "Our focus is on the significant First Amendment issue raised here. " The Star's decision to support the request for a Supreme Court review is not an endorsement of Brewington or his actions," Editor Jeff Taylor said. Their concern extends to a broader issue: a belief that Indiana's intimidation law - particularly as interpreted by the state Court of Appeals in Brewington's case - violates the First Amendment of the U.S. The groups that signed onto a friend of the court brief aren't interested in the minutiae of Brewington's divorce and custody fight. Now, an unlikely coalition - a mix of conservatives, liberals, academics and media advocates including The Indianapolis Star - has asked the Indiana Supreme Court to review the case of the 39-year-old blogger from Cincinnati. The Indiana Court of Appeals last month upheld the most serious of his convictions. Brewington was convicted in 2011 of intimidation of a judge, attempted obstruction of justice and perjury. ![]() They were strong words - statements authorities decided crossed the line from free speech into criminal behavior. It was a theme he hammered home in hundreds of rants launched into cyberspace over more than two years. The judge's actions that cut off contact with his children were unethical, illegal and tantamount to child abuse, Brewington wrote. So he logged on to the Internet and unleashed an unrelenting torrent of criticism. INDIANAPOLIS - Daniel Brewington was outraged by a southeast Indiana judge's handling of his divorce. ![]()
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