Hess v. Indiana Revisited: A Panel Discussion with Case Participants

Abstract

On November 19th, 2004, a panel discussion was held in the Moot Court Room of the Indiana University-Bloomington School of Law. The topic of the discussion was the landmark United States Supreme Court case, Hess v. Indiana. The case is particularly relevant to the law school because two members of the faculty (Tom Schornhorst and Pat Baude) served as lawyers to the defendant Greg Hess. Additionally, the protest and arrest took place half a block from the law school in front of the University's administration building (Bryan Hall) in 1970. Joining Professors Schornhorst and Baude on the panel are three other case participants: Randy Bridges (City Prosecutor); Dave McCrea (City Court Judge); and defendant Greg Hess. Ralph Gaebler, from the law library, introduces the session. Hess v. Indiana arose out of a May 1970 anti-war protest in front of Bryan Hall. Mr. Hess was arrested for disorderly conduct when he made a statement exhorting the crowd to violate the law. Convicted in Bloomington City and Superior Courts, Mr. Hess appealed to the Indiana Supreme Court, which affirmed the trial court ruling, and ultimately to the U.S. Supreme Court, which reversed, holding that the Indiana disorderly statute violated the 1st amendment, as applied to Hess. The Hess case occurred at a time when campuses across the country were inflamed by anti-war protests, and is therefore emblematic of the political climate that prevailed during the Vietnam War. The Panel discussion focused on this historical context, as well as the history and legal significance of the case.