Legal Opinion

Daniel Brewington v. State of Indiana

Indiana Supreme Court

Decided May 1, 2014No. 15S01-1405-CR-309PublishedCited by 123 opinions

1Opinion of the Court

RUSH, Justice.

The United States and Indiana constitutions afford sweeping protections to speech about public officials or issues of public or general concern, even if the speech is intemperate or caustic. But there is no such protection for “true threats” — including veiled or implied threats, when the totality of the circumstances shows that they were intended to put the victims in fear for their safety. Fear for one’s reputation is often the price of being a public figure, or of involvement in public issues. But fear for one’s safety is not.

Here, the Court of Appeals failed to distinguish…

2Cases cited54 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  3. Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
  4. Kimmelman v. MorrisonSupreme Court of the United States · 1986
  5. Michel v. LouisianaSupreme Court of the United States · 1956

49 more not listed; retrieve them via the Exa API.

3Cited by123 opinions

  1. Randy L. Knapp v. State of IndianaIndiana Supreme Court · 2014
  2. Adrian Durden v. State of IndianaIndiana Supreme Court · 2018
  3. Derrick Weedman v. State of IndianaIndiana Court of Appeals · 2014
  4. Billy Brantley v. State of IndianaIndiana Supreme Court · 2018
  5. Christapher Batchelor v. State of IndianaIndiana Supreme Court · 2019

118 more not listed; retrieve them via the Exa API.

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