A Florida man will be spending some time in jail for activity that is usually allowed outside a courthouse.
Mark Schmidter passes out jury nullification brochures. (Courtesy Florida FIJA)
Mark Schmidter was found guilty of “indirect criminal contempt” Tuesday for passing out pamphlets in Orlando during the Casey Anthony trial, according to the Sentinel.
The pamphlets he was handing out described jury nullification, the power of a jury to return “a verdict of ‘Not Guilty’ despite its belief that the defendant is guilty of the violation charged.”
According to the Sentienel, Chief Judge Belvin Perry signed an order early this year banning the distribution of nullification pamphlets that were “meant to influence jurors.” In May, the same judge issued an order that set up “free speech zones” outside the couthouse in preparation for the outrage involved with the Casey Anthony trial.
The judge accused Schmidter of violating his orders and doled out two sentences: 141 days for the first offense and 151 days for the second. In addition, he was belted with a $250 fine for each charge.
The Orlando paper reports that someone else had tested the pamphleteering order with no consequences so Schmidter decided to do the same. He also said he didn’t believe he violated the “speech zone” order . “I said this must not apply to me because I’m not talking about any [particular] case,” he said.
Schmidter and his lawyer, Adam Sudbury, accuse the judge’s order of being too broad and “patently unreasonable.
“It is prohibited for any person or group to engage in any type of First Amendment activities within the main Orange County courthouse complex grounds, unless the First Amendment activities occur within a designated Exempt Zone…”
Schmidter said it could be construed to mean “nobody could carry on a conversation outside the free speech zone.”
During his trial, Schmidter reportedly read the First Amendment out loud in the court. He later told the judge, “I apologize to the court. In my brain, I was just fighting for my country.”
His attorney has already filed for appeal, according to a Facebook page set up to support Schmidter.
Jury nullification isn’t as widely practiced or desired in our current legal system. However, it was encouraged as part of the sytem of checks and balances in the early history of the nation. Cheif Justice John Jay once said to a jury, “You have a right to take upon yourselves to judge [both the facts and law].”
As to the ban on pamphlets and “free speech zones”, both have been deemed unconstitutional by sensible judges. The Foundation for Individual Rights in Education has fought the same tyranny on college campuses for years, with judges usually shooting down the bans.
In February, Judge Andrew Napolitano blasted Judge Perry for his pamphlet ban: “It’s irrelevant what the pamphlet said. In America, we have the natural and constitutional right to free speech. Where on Earth does this judge presume to get the authority to stop anyone from saying anything outside a public courthouse? Has he ever heard of the First Amendment?”
Speaking of judicial authority, it seems that there is another flaw contained in our justice system that is relevant to this case. Since Schmidter was held in contempt, he faced the same judge that charged him. “I’m not getting a trial by jury, just thought I’d throw that in,” he said.
It would seem, that in a “fair” system, a defendant would face an impartial judge, instead of the same judge that has filed the charge. Seems to me like the judge has a bit of conflict of interest.
To learn more about jury nullification and jury rights, visit the Fully Informed Jury Association.
There is no justice here. I am afraid Judge Perry may just go to hell for this one. He acted as Judge Jury and executioner deciding if his own order was lawful and was violated. Sentenced a 64 year old war veteran and patriot to 151 days in Jail (now being served in protective custody/ solitary) for handing out accurate historical information in a public place. Judge Perry’s Ego and abuse of power must be exposed across the country
Perry has violated Schmidter’s civil rights, he has usurped the power of the jury, he has denied Schmidter’s right to a fair trial, and is guilty of kidnapping and false imprisonment. If we had a justice system, Perry would be the one behind bars.
-jcr
Not only is this blatant overreach on Judge Perry’s part, but it backfired, too. It’s likely that fewer people would be aware of Schmidter or jury nullification if Perry hadn’t hit him with this bogus charge.
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Our bewigged masters in the black robes don’t LIKE IT when the proles get uppity – so they’ll have to be taught a lesson in Obedience to Authority.
And the good people of Orlando, who *should be* torching his office, tarring & feathering him, and running him out of town on a rail are doing…..nothing.
So that scumbucket judge – or someone like him – will do it again, only *harder*. ‘Cause once you manage to get the serfs down, you KEEP ‘em down.
You have freedom of speech so long as you only say what you are allowed to say where you are told to say it. So when do we get to the free in “let freedom ring”?
Duly noted, and added to that “long list of abuses”.
Salute!
Elias Alias, Montana Oath Keepers
There is no law outside of nature that is not fiction. A warning to all those who choose to stand under and support/worship at the temple/court you will eventually receive mans fallible “justice”. There are no human rights in only government privileges.
A day will soon enough come when the masses turn away from the biased courts of mans worship and realize the ultimate form of responsibility is to not delegate your authority to another.
The best slave is the one that doesn’t know it is a slave.
Through the perpetual bondage of ignorance and coercion I pray for your freedom and sovereignty.
Congress shall make no law….of abridging the freedom of speech…or of the press; or the right of the people peaceably to assemble. Apparently Judges now have more power than Congress. Actually they always did, as the Citizens have little recourse since Judges are Foxes ruling over the Chicken Coup. Join me at http;//rsjexperiment.wordpress.com “Repairing the Scales of Justice”.
What form of communication will be required for government thugs to comprehend that this kind of high-handed behavior is not acceptable and will not be tolerated?
“It is a testament to the effectiveness of authoritarian indoctrination that literally billions of people throughout history have begged and screamed and cried in the face of authoritarian injustice and oppression, but only a tiny fraction have ever lifted a finger to actually try to STOP it.”
Take heart. Millions have resisted tyranny in a billion ways with non violent evasive actions. Non support weakens gov and eventually will bring it down when enough people overcome their indoctrination. The movie “Matrix” was an attempt to reach the sub conscious and start the process.
We can’t stand for this cumbersome corrupt system where there is really no path to justice unless perhaps you have $200,000 and 20 years and even then the outcomes are usually pitiful. What is it going to take another bloody revolution to get justice? Thomas Jefferson sure thought so:
———————-
“And what country can preserve its liberties, if its rulers are not
warned from time to time, that this people preserve the spirit of
resistance? Let them take arms. The remedy is to set them right as
to the facts, pardon and pacify them. What signify a few lives lost
in a century or two? The tree of liberty must be refreshed from
time to time, with the blood of patriots and tyrants.
It is its natural manure.” — Thomas Jefferson
If they take away the soapbox, the ballot box, and the jury box, it will be time to open the ammunition box.
They will continue down this road to tyranny until we stop them and they are choosing, not us, that it will be the cartridge box.
———————–
“Those who make peaceful revolution impossible will make violent revolution inevitable.” — John F. Kennedy
Jail the Judge… According to his rules… There are no rules… FTI
Who will jail him? Not the dept. of injustice. Not the authorities. Twelve men willing to make a point could get mainstream coverage if they tar and feathered, and rode him on a rail. Any volunteers?
.Things may get so bad the American people start handing out justice. ;Let’s hope things do not go that far. Then again it’s not our choice but that of the tyrants.
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While trying to come up with a consumer advocacy sofeware program I stumbled upon something that attracted my interest. Theoritically I’ve applied it to a group that could operate in a capacity of overseeing the constitutional opinions of our judiciary. It appears to me that it might work. Since government is antithetic to peace and liberty, it is hard for me to believe that mankind must go through a bloodbath, every so often, just to regain our lost liberties, just to have them again usurped. Government, as it exists today, as many Austrians/libertarians have long attempted to illustrate and has history has shown, cannot be the answer to a civil society. I’ve attempted to put some of my thoughs as to how it might get set up and work at http://rsjexpierence.wordpress.com – anyone is welcome to join me with full administration rights, subject to an investigation into your political background.
I my opinion, it is probably one of Jeffersons worst quotes. He still thought Citizens would be able to control government. It has not worked out that way ever is history for any society. It is the free market that works most often and people fallously believe government will create free market solutions to free market problems. Instead they create socialistic solutions that only exascerbate the problems. We must create insitutions that provide free market solutions to free marekt problems. Period.
I agree. Violence begets violence. However, most are taught that violence is practical and the only efficient method for social interaction. Until the brainwashing is reversed little support for a free market or it’s institutions will make freedom’s enclaves hard to fund and harder to maintain.
Think about how fractionized even the libertarian movement is. Factor that by a vast number of eroneous principles and we see how a small fascist oligarchy can control the majority. 50% of the people blow in the popular wind due to ignorance and greed, 10% are willing to be controlled via wealth and privaledge, 20% are fractionalized and the other 20% are to ignorant to be helpful. We don’t have a single game plan that we (the enlightened 20%) agree on that might have a possiblity of working. Until such time as we coordinate our efforts, we are all just pissing in the wind.
We need all the ideas and people we can get. Run with what you have and see where it takes you. You know where it is going we continue along the present path.
We have to come up with a free market system that is superior to the existing judicial system. I can’t believe it will be that difficult, based on how crappy the existing system is. I wrote down some ideas toi get us started.
http://rsjexperiment.wordpress.com/objective-of-mission/
hskiprob
With all due respect before you go re-inventing the wheel – Dave Champion is in the process of writing US Constitution 2. From knowing Dave and what little he has leaked out he is very much on the right track. Perhaps if you wrote him you can find out more.
http://www.davechampionshow.com/archives/
For my 2 cents we need as small as humanly possible government. I would like to see the free market applied to law enforcement as was done in the “Icelandic free state” perhaps even other functions of government could be free market. They defiantly do not belong in the post office business. The Constitution did not even grant them a monopoly and look at what they did to Lysander Spooner.
There also needs to be very powerful and redundant ways for us the citizens to hold government people accountable. Very accountable. Such as with their fortunes and lives. Like I said Dave seems to be spot on with this assignment and would be a great place to start the discussion IMHO.
I have met Dave Champion a decade ago or so. He has always been one of the guys out their really trying to make a change. The question I ask is “How” are you going to get a new Constitution imposed? They don’t even follow this one. Let me correct that statement. They use it when it protects them and they usurp it when it protects the Citizens. A number of tweaks and our current Constitution might be pretty good. However we will still need to replace the current Judiciary and system. Anything other than that, I do not see how it will change anything. We must beat them at their own crappy decisions.
Here are some suggestions I posted on your other site:
The judicial system being broken is the crux of many if not most
of our problems.
Some of the largest faults in our judicial system are:
1.) The financial barriers to get into court.
2.) The lawyer speak barrier (you can’t understand the damn law)
3.) You can’t get a trial for crossing any of the 200 alphabet soup agencies.
Including your child being taken with no jury trial or you drivers license being taken with no child or your guns taken with no jury trial (Protection from abuse orders)
4.) Jurors are not informed of their right and duty to judge the facts and then laws. (i.e. Jury nullification.)
5.) Contempt of court concept has to go.
6.) The supreme court was never tasked anywhere in the Constitution to judge the Constitutionality of any laws.
Many many more I can not think of at the moment.
Every single issue you wrote I agree with except # 6.) Your premise however may be correct, but I would like to know what you had in mind as to how we would conclude if legislation meets the intent of the Constitutional signers. I surely do not favor the Republican political system. The majority is seldom represented.
P.S. True Contempt of Courst is actually not a bad concept, it is that many Judges today are abusing and misusing its entent. Thanks,
“…would like to know what you had in mind as to how we would conclude if legislation meets the intent of the Constitutional signers.”
———————-
The Feds will never police themselves and that is why there was no mandate for the Supreme court to judge the constitutionality of law.
The President should be the first check when he signs legislation. The 17th amendment removed the States as another check.
The States created the federation and are therefore the superior party in the contract and are the final arbiters of what to accept as Constitutional and what not too. they have the option of nullification or secession.
I hear that Tom Woods book: Nullification: How to Resist Federal Tyranny in the 21st Century covers a tremendous amount of memory holed thought pertaining to your question. I am sure you have heard of the Kentucky and Virginia resolutions. (Rule of 98 http://mises.org/media/1851/The-Principles-of-98 )
Michael Boldin at Nullify Now also has some thoughts on the topic:
Reading between the lines I think Dave is getting ready to have a Constitution ready if/when the Western States secede. He is too practical not to be planning to implement it.
The nullification movement is catching on and the chances of the Feds shaping up is slim to none so I would not be surprised if the next move is secession for many States. Or perhaps Ron Paul gets into office. He has weekly fireside chats. The American people finally get it and we institute a new Constitution.
There are just too many loop holes in the old one. There is a risk of the old bait and switch with any con-con as happened the last time.
But there should be ways to mitigate those chances.
That is if the NWO people don’t unleash and EMP pulse on us, weaponized Ebola, the Chinese Army, or who knows what. That could throw a wrench into the scenario.
The closer we get to no government the better off we will all be. The trick in getting there is to take a dumber down population and getting them to understand liberty. It take an educated populace I believe to keep any good government safe and the US population is anything but educated.
And yes I agree the courts are important. It was the only government that the Icelandic free states had.
We are thinking along the same lines, however once again we still need to have a better system in place, if we expect the majority to embrace it. I see my system as a possible interim step that could eventually create a competitive judicial market. Getting better Opinions (rational ones, actually based on common sence and the protections of individual rights) must occur for the majoirty to except them. If you’ve read my ideas completely, even though I do not go into the final conversion into total free market system, one could easily contemplate how that could occur as time went on. If we do not create a better system no one will feel confident in change.
If you read the Declaration of Independent, the very problems then, have now reappeared. That means we haven’t got it right yet. Violence only appears to be a short term fix.
There are only short term fixes IMHO. Men become complaisant and the whole cycle begins anew every few generations.
I agree Tittiger, once you have a good justice system, there should be liitle need of any institutions of force. Until such time we need to have a cohesive movement targeting a potential system that people will embrace.
Jury Nullification is surely a good approach, but as this orginal article concludes they are slowly boxing us out from doing this as well. Plus, it only saves one person at a time from the oligarchs.
These comments are mostly correct. I was criminally found guilty by Chef Judge Belvin Perry (the arresting Judge, the jury and the executioner), he did appoint a state Attorney for my prosecution, for External Criminal contempt of Court. This has nothing to do with the Casey Anthony case, just the same Judge. I violated 2 of his Administrative orders 2011 03 & 07. 141 days & 151 days in jail to be completed at one time, congruently. I have served 4 days so far. I introduced a motion for Perry to rescue himself and I demanded a trial by jury by 12 of my peers, since I am being tried for a felony! Denied!!! Denied!!! I am now out on bond because of my soon need to be filed appeal. My lawyer was $2,500. for the trial. I need $5,000. for the appeal in the beginning. My conviction is a direct assault on the 1st Amendment of our Constitution. I am setting up my legal defense fund. I (we) need money!
I am just the vehicle here. You are the fuel.
The price of freedom is eternal vigilance.
The price of justice is eternal publicity.
Yours in freedom
Mark E. Schmidter
Every normal man must be tempted at times to spit on his hands, hoist the black flag, and begin to slit throats. — H. L. Mencken
A man who understands that wars and rebellions have yet to garner long term liberty, is not your normal man. It will take the pen in aggression and a sword used in self defence, my firends, to win the real war. Aggression without a better system creates just a new group of tyrrants. How we determine self defence is another issue at hand, one that we must be dilligent in defining as others will surely define it differently.
Nothing has ever gotten us long term liberty and the only thing that has ever gotten us short term liberty is the killing of tyrants. Sure use peaceful avenues when you can and when they are effective but that time in this country has ended. Elections are meaningless, juries if you can get one are a joke and are not ever aware of nullification.
Those that say violence never solved anything do not know history. It may not be the perfect solution but not using it guarantees that you and your children will be slaves… if you are allow to live.
The solution to long term liberty is the education of men and looking around me I find that goal hopeless and laughable.
Good luck Mark and God bless.
I know this is a bit late so excuse my hindsight here please ….
Raw dairy farmers buy a group legal retainer policy.
http://www.ftcldf.org/
Home schooler’s have done the same for years.
http://www.hslda.org/
Why do not others such as people that open carry or people that hand out FIJA literature that almost know for certain that they are going to have legal issues get together and create group legal insurance for them selves?
BTW How can someone send you funds? You neglected to do so in your post.
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