Legal Opinion · Dissent

State v. Economic Freedom Fund

Indiana Supreme Court

Decided December 29, 2011No. 07S00-1008-MI-411Published

1DissentSullivan, Justice

Like Special Judge Kenneth G. Todd, I believe that application of the live-operator requirement in the present case imposes a material burden on political speech in violation of Art. I, § 9, of the Indiana Constitution.1 And I further believe that appli*808cation of this requirement violates the First Amendment to the United States Constitution. I therefore respectfully dissent.

I

In Price v. State, we held that Art. I, § 9, of the Indiana Constitution enshrines political speech as a core value — one of a cluster of essential values within our Bill of Rights that the Legislature may not “materially…

2Cases cited50 opinions

  1. Grayned v. City of RockfordSupreme Court of the United States · 1972
  2. Grayned v. City of RockfordSupreme Court of the United States · 1972
  3. Cantwell v. ConnecticutSupreme Court of the United States · 1940
  4. United States v. O'BrienSupreme Court of the United States · 1968
  5. Ward v. Rock Against RacismSupreme Court of the United States · 1989

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