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Thursday, February 3, 2011

The Judicial Crackdown on Jury Rights Activists in Florida

It would appear that a judge in Orlando, Florida, Belvin Perry, Jr. , likes his juries not to know that they have the option to nullify the law. He has put out an administrative order "GOVERNING EXPRESSIVE CONDUCT TOWARD SUMMONED JURORS". The order may be read in its entirety here.

Fully Informed Jury Association (FIJA) activists have been tireless in their efforts to educate Florida juries of their power to nullify the law if they disagree with it or its application. Otherwise juries would be reduced to mere rubber stamps with the government able to convict anyone of anything they choose to make illegal. This is an established principle of law.

The judge is claiming that FIJA activists are trying "to influence summoned jurors as they enter the courthouse" by handing them brochures. (Actually, the brochures are handed out to all who enter or leave the courthouse.) The brochures don’t tell jurors how to vote on specific cases they merely inform them of one of their options. Sadly, the judge’s view is that "Such occurrences severely impact the court’s ability to conduct the efficient, prompt, and proper administration of justice…". Therefore, stopping the FIJA activists’ exercise of free speech "…is necessary to serve the State’s compelling interest in protecting the integrity of the jury system…". With this Orwellian statement judge Perry has given himself away. What could possibly be more conducive to "…protecting the integrity of the jury system…" than informing juries of one of their powers? Does the judge not want to see the jury system working as it should, as a check on tyrannical government? It would seem not, otherwise he would welcome the FIJA activists educational efforts at his court. Obviously, the judge likes his juries obedient and easily manipulated.

The national leadership is calling on all Florida FIJA activists to stop their outreach efforts until this repressive administrative order is set aside. (The full FIJA response to this outrage can be read here.) This is a sad time for liberty and one that activists of all political persuasions must take note of. There are many demonstrations at courthouses across the USA, especially anti war ones. If they can shut down the FIJA activists they can shut down all activists. We all need to stand together to restore free speech at the Florida courthouses before it is too late.

7 comments:

  1. Thanks for helping get the word out, Darren! In lieue of distributing educational outreach literature in Florida for the next few days, we are asking FIJA Activists to distribute (in Florida and elsewhere) the flyer we have issued this morning challenging the legality of the administrative order. Details are up on our News blog here:
    http://fija.org/2011/02/03/please-distribute-in-florida-and-nationally/

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  2. it would be nice if the executive branch would remember that police officers who are responsible for enforcing such 'orders' would actually order their officers not to enforce it.

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  3. TV news coverage: http://www.wftv.com/video/26738994/index.html

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  4. FIJA's reply:

    We of FIJA seek to obey the law.
    No person can obey the law if it is not revealed to him.

    The government courts hold the known legal duty—evasion of which is a crime—to reveal the laws related to an action, upon request of the People, or by failure to do so reveal that no related law exists.

    Chief Judge Belvin Perry, Jr. has issued an “Administrative Order” apparently carrying the weight and effect of law, barring American People from engaging in their lawful freedoms of assembly and speech to peacefully distribute pamphlets, on public property, related to the laws, rights and authority of jurors.

    Because various jurisdictions of law in the US have retained "laws", said by officers of the courts and government to be "laws", that contradict each other, and because the US Supreme Court has ruled that an inferior law contradicted by a superior law holds no weight or effect as law, and because it is impossible to obey laws that contradict each other, we ask to be informed if a purported law is the prevailing law, not contradicted by any superior law, thus the highest law of various laws purported to be applicable for an action.

    The use of power of office to affect a damage, such as to deny a right under claim of authority in law, constitutes a crime. Fraud, evasion of a known legal duty, malfeasance and perjury to oath of office are among such crimes.

    A contradiction or ambiguity in the law is evident. Americans seeking to lawfully exercise their lawful rights are subject to being arrested, thus damaged, by Chief Judge Belvin Perry, Jr.'s action.

    Because a contradiction in laws is evident, and a damage is threatened by the power of office of Chief Judge Belvin Perry, Jr. we respectfully insist that Chief Judge Belvin Perry, Jr. or the court of Florida, certify, under penalty of fraud and other laws, which involved law prevails, not contradicted by any superior law: Chief Judge Belvin Perry, Jr.'s Administrative Order; or the right of the People to freely express their views in regard to this matter.

    We must conclude that a failure or refusal to clearly answer our request within ten (10) working days, constitutes the Judge's and court's acknowledgement that the referenced Administrative Order was inferior to superior law, thus fraudulent and an attempt to use power of office to damage American citizens by denying them their rights, calling into question the current legitimacy of the officers of the courts of Florida.
    www.FIJA.org 3 February, 2011

    http://fija.org/docs/We_Seek_to_Obey_the_Law.pdf

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  5. Alaska
    The last order from a judge in Fairbanks,Alaska.It's ok to hand our fija material outside the court house as long as you don't come in contact with a sitting juror.Like we're superman that can spot out those juror's coming and going to the court house.The truth of the matter is the cat is out of the bag regarding the powers and rights of citizen who are called for jury duty.Thanks to the Fully Informed Jury Association and the likes of our champion for liberty,Ilio Jones National Director fija.org Call 1-800-tel-jury

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  6. Julian Heicklen's letter to judge Perry:

    Re: ADMINISTRATIVE ORDER NO. 2011-03 OF JANUARY 31, 2011
    IN THE CIRCUIT COURT OF THE NINTH JUDICIAL CIRCUIT, IN AND
    FOR ORANGE AND OSCEOLA COUNTIES, FLORIDA
    Dear Judge Perry:
    In your ORDER #2011–03, you informed U. S. citizens that if they exercised
    their U. S. Constitution Amendment I rights of free speech and peaceful public
    assembly on public access property surrounding your courthouse, you would have
    them arrested, found in contempt of court, and incarcerated without a trial. The
    inference also exists that there would be no hearing or representation by counsel.
    This is a rapid seizure of powers which you do not legally possess.

    Your concern is that jurors are being informed of their legal right to nullify the
    law in the interest of justice. This has always been an American principle of law.
    You have been violating your duty when you do not inform jurors of this right.

    The legislature can nullify a law by repealing it. The executive can nullify a
    law by not enforcing it. I have been the defendant in two state and one federal
    criminal case where the prosecuting attorneys decided not to prosecute me in the
    interests of justice. The judiciary can nullify a law by declaring it unconstitutional
    and for other reasons. Police officers routinely nullify traffic laws when they give
    warnings instead of tickets.

    Jury nullification has a long and glorious history in the United States. It is the
    method by which we obtained freedom of religion and of the press. Fugitive slaves
    in the 1850s were not returned to their owners by northern juries, which actually
    nullified a section of the U. S. Constitution. The people are the sovereigns and the
    government is the servant. It is good to be king. In more recent times, the
    prohibition of alcohol, and some of the obscenity and sex laws have been voided
    through jury nullification. Extensive discussions are given in the Regas brief at
    http://1215.org/lawnotes/lawnotes/jurytamp.htm, on my web page at http://
    www.personal.psu.edu/jph13/JuryNullification.html, and in my just-published
    book entitled “The Non-Trials” in Ch. V.
    Through this letter, I am asking you to resign your judicial position and stop
    practicing law. You have violated your oath of office by lying to jurors to deceive
    them, violating your oath of office to uphold and defend the U. S. and Florida
    Constitutions, and grievously overstepping your authority as a judge.

    The purpose of the courts is to see that justice is done, not to uphold the law.
    This is not just my opinion. It is God’s commandment as stated in Deuteronomy
    XVI: 20.
    “Justice, justice shalt thou pursue”

    Yours in freedom and justice,
    Julian Heicklen
    Organizer and LWRN Host
    Tyranny Fighters

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