Updated: Video added below.
I arrived at the U. S. District Court for the Southern District of New York, 500 Pearl Street in Manhattan at 11:45 am on Monday, October 26, 2009. The weather was perfect: about 60°F and sunny. I stood in the middle of the plaza in front of the courthouse.
I started to pass out the Fully Informed Jury Association (FIJA) pamphlet entitled “A Primer for Prospective Jurors” along with my handout (see below). Immediately the three Department of Homeland Security Officers of last week approached me and told me that I could not pass out that material. I informed them that I could. They said that I could not and that I had quoted the wrong law in my e-mail distribution of last week. They had checked the FBI records to find my identity and accessed my web page. They said that if I distributed the FIJA pamphlets, I would be put under arrest.
I asked for the statute that they use. They said 41 CFR Sec 102–74.415(c). I asked them to identify themselves and they did. The officer in charge was C. Barnes #245. The other two were Wong #213 and Roomnd #234. They work for the Federal Protection Service of the Department of Homeland Security.
I started to distribute a pamphlet, but they seized it and my sign which read JURY INFO and placed me under arrest. I fell to the ground and remained motionless for several minutes. Nothing happened, so I got up and started to distribute literature again. They had called the ambulance. They and the ambulance personnel approached me and I read to them the First Amendment of the U. S. Constitution. I asked them what part of “Congress shall make no law” they did not understand. They said that I should take it up with the judge. They were arresting me under the rule that they had stated.
I started to pass out literature again, but they seized all of my pamphlets and placed me under arrest again. I fell to the ground. Officer C. Barnes #245 gave me two citations, one for Unlawful Distribution of Fliers on Federal Property 410 CFR, sub C Section 102–74.415(c) and one for Impeding/Opposing Federal Officer, 18 U.S.C. §111(A). Officer C. Barnes also gave me a property receipt for my two signs and the pamphlets that they had seized.
I was placed on a gurney and put in the ambulance. I was taken to Bellevue Psychiatric Hospital. I did not talk to any of the personnel, including the psychiatrist. They left me alone for awhile. The police left. After awhile the psychiatrist returned and read a copy of my flyer. His comment was that this was a free speech case and he agreed with me. He ordered that I be discharged.
I was fed lunch and after some paper work was released at 3:10 pm.
Below are the citations that were given. 18 U.S.C §111(a) deals with forcible resistance. It does not apply to me. I used no force whatever. Title 41 C.F.R. §102 is not a law. It is a regulation that applies only to employees of the GSA, not to the public. Failure to comply with those provisions is a violation of these regulations. Big deal. It is not a violation of law. The GSA cannot make laws. Only Congress can do that.
You should know that The Federal Protective Service is intercepting my e-mails. Another violation of our civil liberties.
- Julian Heicklen
THE PRICE OF FREEDOM IS ETERNAL VIGILANCE
THE PRICE OF JUSTICE IS ETERNAL PUBLICITY
18 U. S. C. § 111. Assaulting, resisting, or impeding certain officers or employees
(a) In General.— Whoever—
(1) forcibly assaults, resists, opposes, impedes, intimidates, or interferes with any person designated in section 1114 of this title while engaged in or on account of the performance of official duties; or
(2) forcibly assaults or intimidates any person who formerly served as a person designated in section 1114 on account of the performance of official duties during such person’s term of service, shall, where the acts in violation of this section constitute only simple assault, be fined under this title or imprisoned not more than one year, or both, and where such acts involve physical contact with the victim of that assault or the intent to commit another felony, be fined under this title or imprisoned not more than 8 years, or both.
TITLE 41 C. F. R. Public Contracts and Property Management Subtitle C--FEDERAL PROPERTY MANAGEMENT REGULATIONS SYSTEM
§ 102-74.415(c) Distributing materials, such as pamphlets, handbills or flyers, unless conducted as part of authorized Government activities. This prohibition does not apply to public areas of the property as defined in §102–71.20 of this chapter. However, any person or organization proposing to distribute materials in a public area under this section must first obtain a permit from the building manager as specified in subpart D of this part. Any such person or organization must distribute materials only in accordance with the provisions of subpart D of this part. Failure to comply with those provisions is a violation of these regulations.
§ 102-71.25 Who must comply with GSA's real property policies?
Federal agencies operating under, or subject to, the authorities of the Administrator of General Services must comply with these policies.
THE JUDGE WILL INSTRUCT THE JURY THAT IT MUST UPHOLD THE LAW AS HE GIVES IT.
HE WILL BE LYING.
THE JURY MUST JUDGE THE LAW AS WELL AS THE FACTS.
JURIES WERE INSTITUTED TO PROTECT CITIZENS FROM THE TYRANNY OF GOVERNMENT.
IT IS NOT THE DUTY OF THE JURY TO UPHOLD THE LAW.
IT IS THE JURY'S DUTY TO SEE THAT JUSTICE IS DONE.