Yesterday FIJA and two other plaintiffs filed a complaint and a motion for preliminary injunction to bar the Denver Police Department from making additional arrests for handing out jury nullification information. After the two recent arrests of Mark Iannicelli and Eric Brandt for sharing such literature, we and other activists are chilled in our willingness and ability to do so, for fear of similarly being arrested for exercising our First Amendment-guaranteed rights. FIJA and Occupy Denver have tentative plans for a Jury Rights Day celebration on 4 September at the courthouse, assuming the injunction is successful, but WE NEED YOUR HELP to ensure that it is granted and that our rights are protected!

Our attorney, Mr. David Lane explains:

One extremely important topic we need to get witnesses for is whether or not the Lindsey-Flannigan plaza is a traditional forum for protests and leafleting. It is super important because there is bad case law saying that a public area which is not typically used for this sort of thing doesn’t have First Amendment protections like other areas traditionally used for this have. WE NEED WITNESSES WHO CAN TESTIFY ABOUT NUMEROUS PROTESTS WHICH HAVE OCCURRED AT THAT SITE… TIME IS OF THE ESSENCE as they need to be at the federal courthouse Friday afternoon.

Our hearing is scheduled for:
THIS Friday AT 2:00 pm
Arraj Federal Courthouse at 19th and Champa in Denver
Judge William Martinez’s courtroom
In order to gain entry you MUST have a photo ID with you.

As Mr. Lane emphasized to us, we have ONE shot only at winning this. Time is EXTREMELY short, and we need anyone who can testify as to the use of the Lindsey-Flanigan courthouse plaza in Denver as a traditional forum for protests and leafleting to contact Mr. Lane immediately, preferably by email at or by phone at (303) 571-1000.

If you can serve as such a witness, please contact him IMMEDIATELY. Whether or not you can serve as a witness, please spread this request to your Colorado contacts as soon as possible. We need as much support on this as possible!

photo credit: Janet Matzen