Court Stops Enforcement of Indiana's Buffer Law
Indiana adopted a "buffer law" that makes it illegal for a person to to "knowingly or intentionally" approach within 25 feet of a police officer who is lawfully engaged in the execution of the law after the officer ordered the person to stop approaching. A group of media organizations filed a lawsuit to challenge the law, arguing it was unconstitutionally vague and a violation of due process rights. The district court agreed and issued a preliminary injunction blocking the state from enforcing the law.
The state appealed that ruling to the Seventh Circuit Court of Appeals, which upheld the injunction. The Seventh Circuit first rejected the state's argument that the case was moot because the state had amended the buffer law, noting that the state acknowledged that both laws were still in effect. Second, the Seventh Circuit held that the media organization plaintiffs had standing to challenge the law. As to the substance of the challenge, the Court determined that the buffer law was "susceptible to arbitrary enforcement" and was, therefore, unconstitutionally vague. Specifically, the Seventh Circuit noted that the law provides no guidance to the officer in determining whether a "do not approach" order should be issued in the first place, making the law subject to arbitrary or discriminatory enforcement. As a result, the Seventh Circuit upheld the district court's issuance of an injunction prohibiting the state from enforcing the buffer law. Reporters Committee for Freedom of the Press et al. v. Rokita, et al.
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