BREWINGTON v. STATE

No. 15S01-1405-CR-309.

7 N.E.3d 946 (2014)

Daniel BREWINGTON, Appellant (Defendant), v. STATE of Indiana, Appellee (Plaintiff).

Supreme Court of Indiana.

May 1, 2014.


Attorney(s) appearing for the Case

Michael K. Sutherlin , Samuel M. Adams , Indianapolis, IN, Attorneys for Appellant.

Gregory F. Zoeller , Attorney General of Indiana, Stephen R. Creason , Chief Counsel, J.T. Whitehead , Deputy Attorney General, Indianapolis, IN, Attorneys for Appellee.

Gavin M. Rose , Indianapolis, IN, Attorney for Amicus Curiae ACLU of Indiana.

Eugene Volokh , Los Angeles, CA, James Bopp, Jr. , Justin L. McAdam , Terre Haute, IN, Attorneys for Amici Curiae Eagle Forum, et al.


On Petition to Transfer from the Indiana Court of Appeals, No. 15A01-1110-CR-550

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...

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