SPEECH GIVEN AT THE 1999 WHAT IS HAPPENING IN CENTRE COUNTY, PA? by Julian Heicklen E-Mail: jph13@psu.edu May 1, 1999         Fellow Patriots! It is immoral to arrest someone for owning a vegetable. The most fundamental of all human rights is the right to control your own body. The issue is not marijuana. Marijuana is the messenger, not the message. The issue is whether we will live in freedom or under tyranny.         Furthermore I am a miser. One-third of all people entering state and federal prisons are doing so for non-violent narcotics violations. Keeping them there costs a lot of money, my money. I object to supporting dope-heads in prison, when they should be out working to support me.         At noon on January 15, 1998, I smoked a marijuana joint in front of 100 people at the main university gate. The point was to get arrested and use a jury nullification defense to have the jury nullify the anti-marijuana law. Much to my surprise, I was not arrested. I repeated this 3 times at weekly rallies until an arrest was made. I then continued the weekly rallies, but did not smoke. I said that my goal was accomplished, and that I would not smoke again as long as I received a fair, impartial, speedy trial in front of a jury of my peers. Very soon, it became apparent that this was not to be the case. At the 7th rally, I resumed smoking marijuana joints. We have held at least one Marijuana Smoke Out every week for 65 weeks. A. CENTRE COUNTY COURT         Our county court is a constitutional disaster. The Vth amendment to the U. S. Constitution requires indictment by a grand jury. At present there are no grand juries in Centre County. Twice I was found to be in contempt of court, because I requested my right to a grand jury indictment.         The VIth Amendment to the U. S. Constitution guarantees the accused to a speedy and public trial. In Centre County, an accused can be held in prison for 6 months before trial. This is not a speedy trial. How would you like to be imprisoned for 6 months and then found to be not guilty? In Centre County, cameras are not permitted in the courtroom, so that a full public trial is impossible.         The VIth Amendment to the U. S. Constitution guarantees an impartial jury. One of the requirements for an impartial jury is a jury pool that is representative of the county population. In Centre County, residents of University Park are systematically excluded from the jury pools. Young adults are grossly underrepresented. In my trial, Jews were systematically excluded. This was done by setting the date of the trial for September 21, 1998, which was Rosh Hashanah, a Jewish High Holiday. I notified both the judge and the court administrator that this was Jewish High Holy Day, and that I could not attend. I was told that was too bad the trial would be on September 21. At jury selection the jury pool was informed that the date of the trial was September 21, and that anyone that could not attend that day should excuse himself. Of course, all of the Jews excused themselves. Then the jury was selected. After the jury was selected, the judge changed the trial date to October 7, 1998.         The VIth Amendment to the U. S. Constitution also guarantees a defendant the right to have witnesses in his favor. In Centre County the number of witnesses the defense wishes to call is restricted. In my trial, witnesses that I had subpoenaed were not permitted to testify. I was denied the right to have expert witnesses testify on my behalf.         In Centre County, juries decide cases without even knowing what the law is. Judge Brown never read the law to my jury, so it had no basis for knowing if I was guilty or innocent. In fact Judge Brown did not even know what the law is. My defense lawyers had to show it to him in the middle of the trial, but he ignored it.         The state's "expert" witnesses are allowed to state that they found some result without presenting any data or even what tests were done or the date on which their tests were performed. There is no evidence presented in court that the state "experts" even performed the tests.         The Centre County judges prohibit the defense from using well-accepted legal defenses of jury nullification, necessity, or justification.         Trials in Centre County are held as if they are timed sporting events. The judge decides how much time each side should have, disregarding the amount of evidence either side wishes to present.         Indigent defendants are appointed a public defender. Often this is a farce. Many defendants do not meet their public defender until the trial.   B. POLICE HARASSMENT         Because of the situation that I have described above, the Libertarian Party of Centre County decided to run candidates for public office for the first time in Centre County. Carla Moquin and I are running for County Commissioner. Then started the police harassment.   1. Heicklen-Fornbacher Arrest of February 11, 1999         On February 11, 1999, Julian Heicklen and Diane Fornbacher were arrested for using a battery-powered bullhorn at the weekly Marijuana Smoke Out. They were charged with violation of the municipal noise control ordinance and the state statute against disorderly conduct.         The noise control ordinance prohibits the use of loudspeakers/sound amplifiers, but exemptions are made for "musical, recreational and athletic events conducted by schools or a local government including such outdoor practices as may be necessary in preparation for such events." Furthermore exemptions can be made by special waiver with approval of the Borough Council. In fact, everything is permitted except political speech and loud parties. However if the University approves of the political speech, it is permitted. The U. S. Supreme Court repeatedly has ruled that municipal bullhorn ordinances are a violation of the First Amendment right to free speech, and therefore are unconstitutional.         We use a bullhorn because we cannot be heard over the noise of the motor vehicle traffic. In fact when buses or large trucks pass, we have to stop talking, because even the bullhorn is not loud enough. We had used a bullhorn every week for a full year prior to our arrest. On the day of our arrest, there were no complaints from businesses or pedestrians. The Borough Manager filed the complaint, because he was going to eat in the restaurant across the street. He had a window seat, but testified that he could not remember if he heard the bullhorn in the restaurant. The police officer who made the arrest testified that the bullhorn could not be heard inside the restaurant.         Bullhorns are used at the location of our demonstrations in parades, athletic rallies, bicycle races, and other political rallies that do not offend the University establishment.         Heicklen has filed for injunctive relief in the U. S. Middle District Court for Pennsylvania. At the hearing, it was established that traffic noise and the electronic amplifiers used at the Arts Festival, parades, bicycle races, and other political activities are louder than the noise made at the Marijuana Smoke Outs. All of the events in question were held at the same location. 2. Wal-Mart Arrests         On March 12 and 13, Heicklen was arrested for passing out campaign flyers in front of a Wal-Mart store and held in prison in lieu of $75,000 bail. Wal-Mart policy prohibits political activity on its premises. In front of the Wal-Mart store are 14 benches, two public telephones, 7 soft-drink vending machines, and a newspaper dispenser. Wal-Mart permits the Salvation Army and other charitable organizations to solicit money in front of the store. The only thing it does not allow is political activity.         The Pennsylvania State statute states that a defense for defiant trespass is: "The premises were at the time open to the public and the actor complied with all lawful conditions imposed on access to or remaining in the premises or area."         Heicklen has filed for injunctive relief in the U. S. Middle District Court for Pennsylvania. At the hearing, it was established that all lawful conditions imposed on access to or remaining on the premises were met. A request for a temporary restraining order was denied by the Court.         I have been aware for some time that the Constitution is void where prohibited by law. However now a new concept has been added to the law. Both the Constitution and state law are void where prohibited by Wal-Mart policy. C. SUMMARY         I have been arrested 15 times, six for smoking marijuana, and incarcerated 5 times. You are looking at the number one criminal in the United States based on arrest rate. What makes me so dangerous? I own a vegetable, and I tell people that they have the right to own vegetables. Let me tell you something. I am the most dangerous person in the United States, because, with your help, I intend to restore the constitution.         We are involved in a struggle for the soul of America. The issue is whether we will live in freedom or under tyranny. Choose freedom! The lighted marijuana weed is the torch of freedom.