DISTRICT COURT for the District of New Jersey
United States of America
DISTRIBUTION OF PAMPHLETS
Counsel Pro Se
February 22, 2011
Defendant was arrested on
August 25, 2010 for distributing Fully Informed Jury Information (FIJA)
pamphlets without a permit on the public sidewalk in front of the U. S.
DISTRICT COURT for the District of New Jersey at Martin Luther King,
Jr. Federal Building and United States Courthouse, 50 Walnut Street,
Newark NJ 07102, in violation of the Department of Homeland Security
Regulation 41 C. F. R. §102–74.415(c) (Citation H5010031).
In addition, Defendant was charged with Disturbances in violation of
the Department of Homeland Security Regulation 41 C. F. R.
§102–74.390(c) (Citation H5010050) for disturbance after,
but not prior to, the arrest by citation. He was also charged
with Conformity 41 CFR 102–74.385 (citation H5010030).
Defendant was served with arrest warrants for distributing materials
and disturbances, but not for conformity, by unidentified Federal
Protective Service Police on February 18, 2011, in the U. S. District
Court for the Southern District of New York, 500 Pearl Street, New
York, NY 10007.
distributed FIJA pamphlets with an additional flyer on the public
sidewalk in front of the U. S. District Courthouse at 50 Walnut Street,
Newark NJ 07102.
On the date of citation, August 25, 2010, Defendant was standing alone
with a sign that read JURY INFO.
He did not shout, use voice amplification, electronic devices, or
When placed under arrest, he fell to the ground, remained motionless,
and did not utter a sound.
His JURY INFO sign, pamphlets, and flyers were confiscated by the
Department of Homeland Security Police.
A more detailed description is given in the Exhibit at the end of the
MEMORANDUM OF LAW.
Department of Homeland Security Regulation 41 C. F. R. §
102–74.415 reads in part:
entering in or on Federal Property are prohibited from...(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 10271.20 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.”
“Public area means
any area of a building under the control and custody of GSA that is
ordinarily open to members of the public, including lobbies,
courtyards, auditoriums, meeting rooms, and other such areas not
assigned to a lessee or occupant agency.”
In effect, this regulation
requires a permit to distribute pamphlets in the courtyard.
Department of Homeland Security Regulation 41 C. F. R. § 102.385
and on property must at all times comply with official signs of a
prohibitory, regulatory or directory nature and with the lawful
direction of Federal police officers and other authorized
In effect this regulation
requires compliance with official signs and lawful directions.
Homeland Security Regulation 41 C. F. R. § 102.–74.390(c)
“all persons entering
or on Federal property are prohibited from loitering, exhibiting
disorderly conduct or exhibiting other conduct on property that —
Otherwise impedes or
disrupts the performance of official duties by Government
In effect this regulation
prohibits interfering with the performance of official duties by
The law is unconstitutional on its face, since it violates Amendment I
of the U. S. Constitution which reads: “Congress shall make no
What is the part of
“NO” that the Department of Homeland Security does not
Furthermore the regulation permits government authorized speech with a
permit; i.e. speech approved by the government. This is not free
TIME AND PLACE REQUIREMENTS
Government permits authorize distribution of pamphlets at the time and
place of Defendant’s arrests.
Defendant cannot be denied the same opportunity.
Defendant has distributed FIJA pamphlets and his flyer while holding a JURY INFO sign at 23 different U. S.
At 21 of these Defendant
was not arrested nor driven away. These were in:
Trenton, NJ—two times
Albany, NY—two times
times. Once a photographer was arrested.
times. Ten times Defendant was arrested, but the charges dropped and
the cases were dismissed. Once a photographer was arrested, but
the case was dismissed and the photographer was awarded damages.
West Palm Beach, FL
Defendant has been arrested
at 3 U. S. District Courthouses. These are:
times, 10 arrests plus 1 police robbery. Only once was a
photographer arrested. All cases were dismissed by the U. S.
time; 1 arrest.
Newark, NJ—1 time; 1
At most of these U. S.
District Courthouses Department of Homeland Security Regulation 41 C.
F. R. § 102–74.415 is not enforced.
Even in Manhattan, the
regulation is not enforced uniformly.
descriptions of all of these events are given at:
Several U. S. Supreme Court decisions have declared such laws as
In Cantwell v. Connecticut, 310 U. S. 296 (1940), the Court ruled:
“The statute here, however, is not such a regulation. If a
certificate is issued, solicitation is permitted without other
restrictions; but if a certificate is denied, solicitation is
The Court held:
defendant’s (i. e. the arresting officer) conviction of the
common law offense of breach of the peace was violation of
constitutional guarantees of religious liberty and freedom of
In Cox v. Louisiana, 379 U. S. 559 (1965), the U. S. Supreme Court
convicted of violating a Louisiana statute prohibiting picketing
‘near’ a courthouse with the intent of obstructing justice,
the charge being based on the facts set forth in No. 24, ante at 383 U.
S. 536, and the conviction was upheld by the Louisiana Supreme
The U. S. Supreme Court
then discussed a number of principles and concluded:
“The application of
these principles require us to reverse the judgment of the Supreme
Court of Louisiana.”
In United States v. Grace, 461 U. S. 171 (1983), the Court ruled:
“Title 40 U. S. C.
§ 13k prohibits the ‘display of any flag, banner, or device
designed or adapted to bring into public notice any party,
organization, or movement’ in the United States Supreme Court
building or on its grounds, which are defined to include the public
sidewalks constituting the outer bounds of the grounds. One
appellee was threatened with arrest by Court police officers for
violation of the statute when he distributed leaflets concerning
various causes on the sidewalk in front to the Court. The other
appellee was similarly threatened with arrest for displaying on the
sidewalk a picket sign containing the text of the First
Amendment. Appellees then filed suit in Federal District Court,
seeking an injunction against enforcement of § 13k and a
declaratory judgment that it was unconstitutional on its face.
The District Court dismissed the complaint for failure to exhaust
administrative remedies. The Court of Appeals, after determining
that such dismissal was erroneous, struck down § 13k on its face
as an unconstitutional restriction on First Amendment rights in a
“Held: Section 13k,
as applied to the public sidewalk surrounding the Court building, is
unconstitutional under the First Amendment. Pp. 461 U. S.
Defendant moves that all
charges be dropped and all complaints be dismissed on the basis of
Constitutional law, no time and place restrictions, non-uniform
enforcement, previous U. S. Supreme Court decisions, and in the
interest of justice.
CERTIFICATE OF SERVICE
Defendant certifies that a
copy of the MEMORANDUM OF LAW
has been sent by certified U. S. mail on February 22, 2011 to the
Pro Se Clerk, Room 4015, U. S. District Court for the District of
New Jersey, U. S.
Courthouse, 50 Walnut Street, Newark, NJ 07102
U. S. Attorney Paul J.
Fishman, United States Attorney’s Office, Peter Rodino Federal
Building, 970 Broad Street, Suite 700, Newark, NJ 07102
Anthony R. Mautone, U. S.
District Judge, U. S. District Court, District of New Jersey, 50 Walnut
Street, Newark, NJ 07102–3539
Counsel Pro Se
February 22, 2011
Demonstration in Newark, NJ on August 25, 2010
arrived at the U. S. District Courthouse at 50 Walnut Street in Newark,
NJ at 11:25 am on Wednesday, August 25, 2010, . It was an
overcast and rainy day. I stood with my umbrella under a tree
that provided some cover over the public sidewalk in front of the
courthouse. The sidewalk was on federal property.
distributed 4 American Jury Institute pamphlets entitled “A
Primer for Prospective Jurors” with my insert when I was
approached by Federal Protective Service Officers Kirsch and Jedra, who
identified themselves. Soon they were joined by a third officer
who did not identify himself. Officer Kirsch informed me that I
could not distribute literature in front of the courthouse and asked me
to move. I declined and said that I was allowed to distribute
literature there. He said that I was on federal property and that
it was not permitted. I informed him that I was a part owner of
the property and had given myself permission.
more times he asked me to leave, but I did not respond. I just
stared at him. Then he placed me under arrest and reached for
my JURY INFO sign. I fell to the wet sidewalk and did
not move a muscle or make another sound. The officers called the
Emergency Medical Service Ambulance 1108. After several minutes
it arrived, and I was placed on gurney and put into the
ambulance. The police officers knew who I was and that I had been
to many courthouses. They provided the ambulance personnel with
my name, address, age, and social security number (which they must have
obtained illegally, because I do not release that number except to
medical persons and the IRS). The police kept my umbrella, tote
bag, JURY INFO sign, clipboard, and 40 American Jury Institute
way to the hospital, the ambulance attendants took my blood pressure
and tried to make me talk. First they told me that protesting against
the government was futile and that I would be punished. Then they
threatened me that they would stick needles into me.
Finally one of the attendants rubbed by rib cage as hard as he
could. This was extremely painful, and I moaned in pain.
got to the hospital, the procedure was repeated. One of the nurses said
that she opposes the government also, but fighting was hopeless.
That is why she bought a house in a different country. Also my
sweater and shirt were removed. One of the officers then gave me
three citations for Posting and Distributing Material 41 CFR
102-74.415(c), Conformsty (whatever that is) with signs and Directions
41 CFR 102-74.385, and Disturbances 41 CFR 102-74.390. Then he
said that I no longer was under arrest. I immediately sat up,
demanded my belongings, and said that I was leaving. I recovered
my shirt, sweater, and baseball cap, but none of the property taken by
the police. The hospital staff said the I could not leave until I
had seen a doctor and signed out. I refused to do so. I stopped by the
bathroom and left the hospital at 1:30 pm.
way back to the courthouse where my car was parked, I passed a
demonstration at city hall protesting civil service layoffs. I did not
necessarily agree with them, but I hate to pass up a urinal or a
demonstration. Since all the demonstrators were black, I felt it
necessary to integrate the demonstration and joined them.