section 9 rights (Indiana) · Go Syfert
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section 9 rights in Indiana

7 Indiana opinions name it 2 courts 1999–2015 0 in the last five years

The cases below were cited by Indiana courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (5)

CaseFollowedCited
Blackman v. Stategreen
indctapp · 2007 · cited in 2 Indiana opinions naming this issue, 2010–2015
2 sentences

2015The Indiana Supreme Court’s holding in J.D. and our conclusion in Dallaly are in line with the previously stated belief that police officers conducting a legitimate investigation “must be able to perform their duties without unreasonable interruption.” Anderson v. State, 881 N.E.2d 86, 91 (Ind. Ct. App. 2008) (quoting Blackman, 868 N.E.2d at 588 ). [21] Here, the record provides that Tyler’s expressions interfered with Officer Leinberger’s legitimate attempt to verify that Brownie was the owner of the damaged vehicle that had been abandoned by Brownie’s cousin on the side of the road.

2010Blackman v. State, 868 N.E.2d 579, 584 (Ind.Ct.App.2007), trans. denied.

12
Anderson v. Stategreen
indctapp · 2008 · cited in 1 Indiana opinions naming this issue, 2015–2015
1 sentence

2015The Indiana Supreme Court’s holding in J.D. and our conclusion in Dallaly are in line with the previously stated belief that police officers conducting a legitimate investigation “must be able to perform their duties without unreasonable interruption.” Anderson v. State, 881 N.E.2d 86, 91 (Ind. Ct. App. 2008) (quoting Blackman, 868 N.E.2d at 588 ). [21] Here, the record provides that Tyler’s expressions interfered with Officer Leinberger’s legitimate attempt to verify that Brownie was the owner of the damaged vehicle that had been abandoned by Brownie’s cousin on the side of the road.

11
Martin v. Stategreen
indctapp · 2009 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009See Martin, 908 N.E.2d at 288-289 (holding that even if defendant's speech was found to be political, defendant abused his free speech rights by creating "more than a mere fleeting annoyance"); Madden, 786 N.E.2d at 1157 (holding that defendant's conduct "created a harm that [rose] above the level of a fleeting annoyance," causing "particularized harm").

11
Madden v. Stategreen
indctapp · 2003 · cited in 1 Indiana opinions naming this issue, 2009–2009
1 sentence

2009See Martin, 908 N.E.2d at 288-289 (holding that even if defendant's speech was found to be political, defendant abused his free speech rights by creating "more than a mere fleeting annoyance"); Madden, 786 N.E.2d at 1157 (holding that defendant's conduct "created a harm that [rose] above the level of a fleeting annoyance," causing "particularized harm").

11
Lach v. Lake Countygreen
indctapp · 1993 · cited in 1 Indiana opinions naming this issue, 2006–2006
1 sentence

2006Cantrell argues that the Court of Appeals recognized an implied private right of action under Article I, Section 9 of the Indiana Constitution in Lach v. Lake County, 621 N.E.2d 357, 358-60 (Ind.Ct.App.1993), trans. denied.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Indiana. Read the followed side critically anyway.

Also cited on this issue (4)

CaseCitedYears
Dallaly v. State green
indctapp · 2009
1 sentence

2015Similarly, in Dallaly, we concluded that because Dallaly’s speech interfered with the duties of the police officers at the scene, Dallaly abused his free speech rights under Article 1, section 9. 916 N.E.2d at 954 .

12015–2015
Cantrell v. Morris green
ind · 2006
2 sentences

2014The Cantrell court held that, "whether or not ... the Indiana Constitution affords any protection to public employees under some circumstances, a terminated employee has no private right of action for damages that arise under that Section.” 849 N.E.2d at 492 .

2014We recognize that this portion of the holding in Hoagland could be read to conflict with the opinion of our supreme court in Cantrell, supra. In Cantrell , the court answered a certified question from a federal district court regarding whether a public defender who was terminated from his position could maintain a private right of action under the free-speech provisions of Article 1, Section 9 of the Indiana Constitution.

12014–2014
J.D. v. State green
ind · 2007
2 sentences

2007In J.D. v. State, 859 N.E.2d 341 (Ind. 2007), our Supreme Court held that speech, albeit political, was not entitled to constitutional protection under Article I, Section 9 of the Indiana Constitution where the speech “consisted of persistent loud yelling over and obscuring of [the arresting officer’s] attempts to speak and function as a law officer.” Id. at 344 .

2007In J.D. v. State, 859 N.E.2d 341 (Ind. 2007), our Supreme Court held that speech, albeit political, was not entitled to constitutional protection under Article I, Section 9 of the Indiana Constitution where the speech “consisted of persistent loud yelling over and obscuring of [the arresting officer’s] attempts to speak and function as a law officer.” Id. at 344 .

12007–2007
Whittington v. State green
ind · 1996
2 sentences

1999Section 9 provides: “No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.” In Whittington , our supreme court created a two-step inquiry for reviewing the constitutionality of an application of the disorderly conduct statute under § 9. 669 N.E.2d at 1367 .

1999Section 9 provides: "No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible." In Whittington , our supreme court created a two-step inquiry for reviewing the constitutionality of an application of the disorderly conduct statute under § 9. 669 N.E.2d at 1367 .

11999–1999

Statutes the citing opinions construe

IN § Ind. Code § 35-45-1-3 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OR 189 (1985–2026) TN 119 (1976–2018) PA 94 (1892–2026) TX 25 (1914–2020) IL 16 (1936–2015) MT 14 (1992–2025) FL 10 (1941–2025) IN 7 (1999–2015) KS 6 (2012–2017) OH 5 (1972–2021) WI 5 (1994–2020) MA 4 (1996–2008) AR 4 (1995–2015) MI 3 (1920–2021) OK 3 (1930–2018) CA 3 (1973–2015) DE 3 (1998–2026) NV 2 (2017–2017) IA 2 (1910–1977) LA 2 (1998–2002) GA 2 (2013–2021)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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