Critics as criminals: intimidating intimidation law.

• Author: Sullum, Jacob
• Position: Citings

DANIEL BREWINGTON was not happy with the way that Dearborn County, Indiana, Judge James D. Humphrey handled his divorce case, during which he lost custody of his children, and he explained why at length in various strongly worded online commentaries. Largely as a result of those posts, Brewington is serving a two-year sentence at the Putnamville Correctional Facility for intimidation, attempted obstruction of justice, and perjury.

The punishment Brewington received for condemning Humphrey's actions has attracted criticism from a wide range of First Amendment advocates, including UCLA law professor Eugene Volokh, conservative lawyer James Bopp, a former executive director of the Indiana Civil Liberties Union, the Indiana Association of Scholars, The Indianapolis Star, and the James Madison Center for Free Speech. An amicus brief they filed in February urges the Indiana Supreme Court to overturn Brewington's conviction for intimidating Humphrey, arguing that the provision under which he was convicted, as interpreted by a state appeals court, threatens constitutionally protected speech.

The intimidation charge stemming from Brewington's comments about Humphrey, which...