Media Contact

September 26, 2024

 
WHAT

On September 27, 2024, the United States Court of Appeals for the Seventh Circuit will hear oral arguments in Donald Nicodemus v. City of South Bend. The case challenges Indiana’s 25-foot “encroachment” law on the basis that it violates Hoosiers’ first amendment right to observe and record the police. 

Donald Nicodemus, the plaintiff, is a citizen journalist who lives in South Bend, Indiana, and monitors the activity of public-safety personnel. South Bend Police enforced the new law against Nicodemus to prevent him from getting close enough to observe and record their activities. This appeal comes after the ACLU of Indiana’s 2023 request for a permanent injunction was denied by the District Court.

WHO

Ken Falk, Legal Director, ACLU of Indiana, will present oral arguments to the Seventh Circuit.

WHEN

Friday, Sept. 27
Approximately 12:15 p.m. eastern / 11:15 a.m. central
  
WHERE

U.S. Court of Appeals for the Seventh Circuit
Everett McKinley Dirksen
United States Courthouse
219 S. Dearborn Street
Room 2722
Chicago, IL 60604

Seventh Circuit oral arguments will begin at 10:30 eastern (9:30 central). Nicodemus v. City of South Bend is the fifth case on the schedule and will begin at approximately 12:15 eastern/11:15 central. The audio portion of the arguments are livestreamed here. An audio recording will also be available here

The appellant brief is available here.