Saturday, September 14, 2013

From Putnamville Prison to the Indiana Supreme Court in Eight Days. Blogger’s Freedom of Speech Case Rests with the Indiana Supreme Court

Dan Brewington walked out of Putnamville Correctional Facility at 1:08 a.m. on Thursday, September 5, 2013 and walked out of the Indiana Supreme Court courtroom at 10:00 a.m. on Thursday, September 12, 2013. Brewington’s case was heard by the Indiana Supreme Court one week after Brewington was released from jail after being incarcerated for 2 ½ years. Although no one could predict the outcome at this point, the overall feeling seemed to be one of satisfaction as to how the hearing went in terms of Brewington’s case. Spectators and the attorneys involved were all smiles and receiving congratulations from people who had attended the hearing. Non legal people might be amazed at how much serious work goes into presenting Oral Argument before the Indiana Supreme Court. Besides the countless hours of research, writing and rewriting appeal briefs and arguments, Wednesday, September 11, 2013 the attorneys presented before a Moot Court (practice court) at the Robert McKinney Law School in Indianapolis. Five very busy professional people volunteered their time to become familiar with Brewington’s case and then hear argument from Michael Sutherlin and UCLA Professor Eugene Volokh. The attorneys indicated that was a valuable piece to their preparation. Dan, Matt, and Sue Brewington were invited to attend.

Thursday morning Oral Argument was scheduled for 9:00 a.m. Brewington's side had 30 minutes. Professor Volokh took the first 10 minutes and Michael Sutherlin the next 15 minutes with 5 minutes being reserved for the end. Stephen Creason presented for the State. The hour went by quickly. Chief Justice Brent Dickson mentioned at the end that he was glad they had the extra 20 minutes because the subject was of importance and interest. Almost all oral argument before the court is 40 minutes, 20 minutes for each side. Brewington’s attorneys, Michael Sutherlin and Sam Adams, motioned the court for 30 minutes for each side and the motion was granted.
Below are links to reports about Dan Brewington and the process.

Tim Evans, reporter covering courts and the law for the Indianapolis Star Tim Evans article Indianapolis Star. Sept. 11, 2013 5:16 pm

Indiana Law Blog post – Marcia J. Oddi   Sept. 11, 2013

Mike Perleberg is the news editor for Eagle Country online, Eagle Country 99.3FM located in Dearborn County, Indiana and has been reporting on Brewington’s case since Brewington’s arraignment on March 11, 2011. Mike Perleberg’s Thursday am article 7:15am Mike Perleberg’s Thursday pm article 1:26pm
Both posts were written on Sept. 12, 2013 (Notice the difference in the pictures. Dan lost 100 lbs. in prison by counting calories and exercising. He is keeping up the regimen now that he is at home)

Profess Volokh, posted on his blog, The Volokh Conspiracy, about his trip to Indianapolis for Oral Argument in Brewington's case.

Professor Volokh's brief bio.  
The Oral Argument in the Brewington case can still be viewed at: For those who are curious, the arguments are here:

Once again the Brewington family wishes to thank everybody who has supported us in any way during this extended process. 



  1. So glad to see all the continuing support for Dan and his constitutional rights. Keep up the good, legal fight (as you always have). :)
    Greg Morehead

  2. Glad that Dans out and hopefully justice will be done and the people involved in Dans false imprisonment will be prosecuted. They should be to the letter and extent of the law for what they did. Congrats Dan on freedom. May it last for the rest of your days. Good Luck.

  3. When a judge decides that he will treat what he perceives as contempt by punishing the children of a good father, he has outrageously exceeded the bounds of all judicial ethics. This conduct by the judge is indeed abusive of children and criminal in nature.