Dr. Julian Heicklen
http://www.personal.psu.edu/faculty/j/p/jph13/

On February 11, 1999, Dr. Julian Heicklen and I were arrested for refusal to cease using battery-powered bullhorn at our weekly Marijuana Legalization and Prison Reform protest in downtown State College, PA. We were handcuffed and dragged away in front of approximately 200 supporters for arraignment. On March 3, we were bound over for trial for violating the State College Borough's "noise ordinance," and for disorderly conduct.

Instead of giving in to what we thought a blatant disregard for our right to free speech, Dr. Heicklen and I decided we would fight the noise ordinance, which restricts the right to use battery-powered amplification for sporting events or parades. I was struck by the awful realization that frivolous celebrations take precedence over political debate. We had been using the bullhorn for more than a year before we were apprehended and subsequently dragged away merely for exercising our rights.

Diane Fornbacher, a.k.a. Honeybud Weedwhacker
http://members.tripod.com/~cannabishempsativa/

Simon Grill of Reading and public defender Ronald Rojas, respective attorneys for Dr. Heicken and myself, requested motions that our charges be dropped, and on July 19, 1999, they were rightfully dismissed. I felt very relieved and happy that we were vindicated from these ludicrous charges, when our only intention for the protests was to educate and show compassion for the downtrodden.

I was even more pleased when I heard the presiding judge read his decision aloud: "The prohibition against the use of sound amplification devices found in Section 103(b)(2) is an absolute prohibition of such devices, and does not contain reasonable manner, place, or time regulations. Presumably, the use of amplification is prohibited even if a person uses such a device to emit sounds in a mere 'whisper' level. Such an absolute prohibition is an impermissible restraint on free speech and is not a reasonable regulation according to Guess, supra, and Saia, supra. Consequently, this Court holds the Borough of State College Noise Ordinance, Section 103(b)(2), unconstitutional on its face."

Dr. Heicklin, who spent nearly a week in jail last year after being busted for symbolically puffing on a joint at an early Smoke-Out (he does not use marijuana, except as a political prop to call media attention to his project for reforming state prison conditions), is currently appealing his sentence of four months' probation for pot, while running for Centre County Commissioner on the Libertarian Party ticket with Smoke-Out organizer Carla Moquin.

For more news on Diane Fornbacher:
Two HT Freedom Fighters Busted In PA
http://www.hightimes.com/ht/new/9902/htfreedom.html

For more news on Dr. Julian Heicklen:
SMART ON CRIME
http://www.personal.psu.edu/faculty/j/p/jph13/

http://www.hightimes.com/ht/new/9907/pennpot.html