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Indiana curfew struck down by Seventh Circuit - for now.

Publication: Trial
Publication Date: 01-APR-04
Format: Online - approximately 767 words
Delivery: Immediate Online Access

Article Excerpt
Saying that an Indiana curfew statute "creates a chill that unconstitutionally imposes" on minors' First Amendment rights, the Seventh Circuit has over-turned a ruling that allowed the curfew to be enforced. (Hodgkins v. Peterson, 355 F.3d 1048 (7th Cir. 2004).) But because the circuit's decision did not address the plaintiffs' additional arguments regarding parents' due process rights, legislators and civil rights activists are gearing up for another curfew showdown in the state.

In August 1999, 16-year-old Colin Hodgkins was arrested for violating a statewide, 11 p.m. curfew for minors after he left a restaurant with teenage friends a few minutes after the hour. Hodgkins and his family sued, claiming that the law infringed on...

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