Balancing Courtroom Safety and Free Expression: Huminski v. Corsones

Abstract

In the current era of heightened anxiety over terrorism, and against the background of recent examples of the murder of the mother and husband of a federal judge and the murder of a Georgia state court judge in his courtroom, the U.S. Court of Appeals for the Second Circuit recently was called upon to rule in a case involving the asser tion of First Amendment rights against a claim of official and judicial sovereignty set against the backdrop of a fear of a threat to Vermont state court judges. Huminski v. Corsones, 396 F.3d 53 (2nd Cir. 2005). The case began in February 1997, when Scott Huminski was charged in the Bennington, Vermont, District Court with two counts of obstruction of justice for, among other things, allegedly seeking to silence a witness against him in a civil action. Judge Nancy Corsones was assigned to preside in the case, and initially approved a plea agreement between the state and Huminski. However, the state then moved to vacate the plea agreement and reinstate the charges against Huminski, and Judge Corsones approved the state's motion. Thereafter, Huminski began a campaign against Judge Corsones and the state judicial system by filing complaints against Judge Corsones with Vermont's Judicial Conduct Board and sending letters of complaint to various state officials about the lack of justice in the Vermont judicial system. Although Judge Corsones was not specifically mentioned in those letters, and a state investigation concluded that the letters were just an exhibition of frustration and not intended to inflict harm on any one, Judge Corsones and the Bennington District Court staff interpreted them as threats to the judge, her family, and the entire Vermont court system. More than six months later, when Judge Corsones was presiding in the Rutland District Court, approximately fifty-five miles north of Bennington, Huminski parked his van in a legal parking space at the courthouse to publicize the "oppressive and unconstitutional conduct" of Judge Corsones. On each side of the van, Huminski dis played large signs accusing Judge Corsones, among other things, of being a "Butcher of the Constitution." Although the signs were on three sides of the van, the inside of the van was observable at all times. The Rutland County sheriff, R. J. Elrick, and his department were under con tract to provide security for the Rutland County Courthouse. Two members of the sheriff's department saw the van and the signs and asked their supervisor if the signs violated the law but were told they did not. Even so, the deputies asked Huminski to remove the signs or move his van. He refused. In the meantime, Judge Corsones arrived at the courthouse and entered through an employee-only side entrance. She