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Published by the Indiana Office of Court Services

T.N. v. B.D., No. 49A02-0907-JV-693, ___ N.E.2d ___ (Ind. Ct. App., June 29, 2010)

July 2, 2010 Filed Under: Civil Tagged With: Appeals, E. Najam

NAJAM, J.
T.N. (“Mother”) appeals the trial court’s order prohibiting her from discussing legal proceedings with the media following the establishment of paternity in her child K.D. Mother contends that the order violates her right to freedom of speech under the First Amendment to the United States Constitution and Article I, Section 9, of the Indiana Constitution. We conclude that the juvenile court’s order is an invalid prior restraint on Mother’s free speech rights. We further conclude that the confidentiality provisions in the Indiana Code and Administrative Rule 9 do not prohibit Mother from talking to others about the case based on her knowledge obtained independent of the juvenile proceedings. To the extent the order prohibits such communication, the juvenile court erred. We reverse and remand with instructions.
. . . .
We reverse the juvenile court’s Order and remand for the court to enter a new order in accordance with this opinion. Specifically, we instruct the court to enter a new Order that prohibits Mother from disclosing to the media or anyone else information that Mother learned exclusively through the juvenile proceedings. The new order shall also prohibit Mother from disclosing K.D.’s name or using a pseudonym similar to K.D.’s name.
Reversed and remanded with instructions.
KIRSCH, J., and BROWN, J., concur.

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