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, November 9, 2009. The weather was perfect: warm and sunny. I stood in the middle of the plaza in front of the courthouse.
I started to pass out the FIJA pamphlet entitled "A Primer for Prospective Jurors" along with my handout (see below). A freelance reporter from Free Talk Live was present. At 11:48, I was approached by two federal marshals, who identified themselves as Musumeci and Sullivan. They would not give first names and said that they had no badge numbers. They informed me that I had to leave. I demurred. They said that they would have to report me and left.
I passed out about 15 flyers, when three police from the Department of Homeland Security approached me at about 12:20 pm. The leader was my friend Officer Barnes from two weeks ago. After we exchanged the usual pleasantries, he placed me under arrest, and I fell to the ground. He confiscated my remaining five brochures and my JURY INFO sign. He left a receipt and a citation 41 CFR, Sub C Section 102 #74.415(c), the same as two weeks earlier.
During the exchange with the police, the Free Talk Live reporter videotaped the event and interviewed me until he was stopped and cited by the police under 41 CFR, Subsection C, §102-74.420 for photographing without a permit. They confiscated his film. You can read more information about this at the Blog Of Bile.
At about 12:30 pm, while I was still on the ground, Joel Kupferman, a lawyer and Executive Director of the New York Environmental & Justice Project appeared and observed. Then the police left at 12:35 pm. I stood up and the event was over.
We noticed that an NBC reporter was present, but we did not interact with him. Joel and I went to a Chinese soup shop and had hot and sour soup. I arrived home at about 3:15 pm.
- Julian Heicklen
THE PRICE OF JUSTICE IS ETERNAL PUBLICITY
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.