Man sentenced for pamphleteering

By William R. Toler

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.

Local governments run amok

By William R. Toler

The uprising of political activity by conservatives often focuses on the overreach of the federal government. However, local governments can be just as opressive…as the following stories will demonstrate.

Growing pains

A woman in Oak Park, Mich. was facing a 93-day stint in jail and a misdemeanor charge for having a vegetable garden. The story went viral and after a week of complaints from folks all around the country, the city dropped the charges against Julie Bass.

The city’s planner, Kevin Rulkowski, told WJBK-TV, “That’s not what we want to see in a front yard,” referring to Bass’ garden, which consisted of several planter boxes in her front yard. The code Bass was accused of violating reads that front yards should have “sutiable, live, plant material.”

Bass believes, as do many other Americans, that her garden meets that standard. “It’s definitely live. It’s definitely plant. It’s definitely material. We think it’s suitable,” she said.

Camera ban may be unconstitutional

By William R. Toler

A ban on cameras in a New Hampshire district may be unconstitutional according to the First Amendment Center.

A judge issued an “unsigned” order on July 1 that bans all cameras and other recording devices, except where permission is asked 48 hours in advance, specifically for the courthouse in Keene, NH (see previous post).

“A blanket ban likely would be unconstitutional,” says David Hudson from the First Amendment Center. “Trial judges are granted discretion to determine whether cameras might unduly prejudice court proceedings but generally they must make particularized findings, such as whether there would be prejudice, whether the ban is no broader than necessary and whether there are reasonable alternatives to not permitting coverage.”

No cameras in Keene court

By William R. Toler

A New Hampshire judge has banned the use of cameras and other recording equipment in the Cheshire County.

According to FreeKeene.com, an administrative judge from the Circuit Court issued an “unsigned” order Friday that places a blanket ban on all recording devices “at any time in the court’s lobby or anywhere in the public area of the court’s leased premises[.]”  The order was apparently written by Edwin Kelly of the New Hampshire Circuit Court and approved by Tina L. Nadeau, Chief Justice of New Hampshire Superior Court. “Specifically, this Order is meant to apply to the facts and circumstances at the district division of the 8th Circuit in Keene.”

Keene has recently become a haven for libertarian activists, an effort of the Free State Project. Recently Slate.com featured the Free Staters involved in a slew of civil disobedience activities. From public pot parties to “Topless Tuesdays“, activists often break minor laws in order to protest them.