Retired chemistry professor Julian Heicklen is facing imprisonment for advocating jury nullification to passersby, following an indictment by federal prosecutors last year, according to the New York Times.  He stood on a plaza outside the United States Courthouse in Manhattan and handed out brochures on the subject.

According to prosecutors, Heicklen’s “advocacy of jury nullification, directed as it is to jurors, would be both criminal and without Constitutional protections no matter where it occurred…. His speech is not protected by the First Amendment…. No legal system could long survive if it gave every individual the option of disregarding with impunity any law which by his personal standard was judged morally untenable.”

Meanwhile, a representative of the New York Civil Liberties Union has shot back: “The government is dangerously wrong in claiming it can criminalize sidewalk advocacy supporting jury nullification. Other than the extremely limited situations in which someone seeks to influence a known juror in a case, jury nullification advocacy is squarely protected by the First Amendment.”

Prosecutor Rebecca Mermelstein even favors denying Heicklen the jury trial he has requested.

Meanwhile, the terrible and unthinkable legal doctrine of jury nullification — so very dangerous to a free society, say federal prosecutors — was in fact the doctrine held by the Founding Fathers themselves. (I am hereby giving away the answer to one of the 33 Questions About American History You’re Not Supposed to Ask.)

(Thanks to George Viaud.)

The 10th Amendment

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

LEARN MORE

01

Featured Articles

On the Constitution, history, the founders, and analysis of current events.

featured articles

02

Tenther Blog and News

Nullification news, quick takes, history, interviews, podcasts and much more.

tenther blog

03

State of the Nullification Movement

232 pages. History, constitutionality, and application today.

get the report

01

Path to Liberty

Our flagship podcast. Michael Boldin on the constitution, history, and strategy for liberty today

path to liberty

02

Maharrey Minute

The title says it all. Mike Maharrey with a 1 minute take on issues under a 10th Amendment lens. maharrey minute

Tenther Essentials

2-4 minute videos on key Constitutional issues - history, and application today

TENTHER ESSENTIALS

Join TAC, Support Liberty!

Nothing helps us get the job done more than the financial support of our members, from just $2/month!

JOIN TAC

01

The 10th Amendment

History, meaning, and purpose - the "Foundation of the Constitution."

10th Amendment

03

Nullification

Get an overview of the principles, background, and application in history - and today.

nullification