Plaintiffs, a group of media and media-related organizations, filed a lawsuit challenging Indiana’s “buffer law,” arguing that it was unconstitutionally vague under the due process clause because it was susceptible to arbitrary or discriminatory enforcement. The “buffer law” made it a crime for a person to knowingly or intentionally approach within 25 feet of a law enforcement officer lawfully engaged in the execution of the officer’s duty after the officer orders the person to stop approaching. The district court concluded that the plaintiffs were likely to succeed in their challenge and issued a preliminary injunction blocking enforcement of the law and the defendant appealed from the entry of the injunction. The Seventh Circuit affirmed, finding no error in the district court’s decision to preliminarily enjoin enforcement of the law. (EASTERBROOK and BRENNAN, concurring)
Federal 7th Circuit Court
Civil Court
Due Process