Equal Protection-First Amendment

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7^th Circuit Court of Appeals

Case Name: The Bail Project, Inc. v. Commissioner, Indiana Department of Insurance

Case No.: 22-2183

Officials: Flaum, Kirsch, and Jackson-Akiwumi, Circuit Judges.

Focus: Equal Protection-First Amendment

The Bail Project is a nonprofit organization dedicated to eliminating cash bail and covering bail expenses. Its aim is to demonstrate that requiring pretrial defendants to pay money for release is unnecessary to ensure their appearance at future court hearings. In response to this advocacy, Indiana House Enrolled Act 1300 was passed, which mandates charitable bail organizations to register with the state and imposes restrictions on whom these organizations can provide cash bail assistance to.

The Bail Project sought to prevent the enforcement of HEA 1300 by Indiana’s Department of Insurance, arguing that the law (which was not yet in effect) would infringe upon their First Amendment right to free speech and their Fourteenth Amendment right to equal protection. However, both the district court and the Seventh Circuit rules against The Project, upholding the law.

The courts’ decision was based on the notion that the payment of cash bail does not fall under the protection of the First Amendment. While The Bail Project uses bail payments as a means to convey its message and further its advocacy, the act of paying bail itself is not considered expressive speech without additional explanatory context. Therefore, it does not warrant First Amendment protection.

Furthermore, it was determined that HEA 1300 does not violate the Equal Protection Clause because it is reasonably related to Indiana’s legitimate interest in regulating pretrial detention for criminal defendants.

The Bail Project’s attempt to halt the enforcement of HEA 1300 was unsuccessful as the courts concluded that the law does not violate their constitutional rights.

Affirmed

Decided 08/03/23

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