Heicklen arrested at University Gates

By ANGELA J. GATES
Collegian Staff Writer

Retired Penn State professor Julian Heicklen was arrested yesterday for disorderly conduct and noise violations during a protest at University Gates -- different from the drug possession charges he has received in the past.

A State College Borough police officer arrested Heicklen after Heicklen refused to stop using an electronic megaphone, or bullhorn.

Centre County District Justice Ronald Horner charged Heicklen with disorderly conduct under a Pennsylvania crimes code stating he disturbed the public by creating unreasonable noise that could be heard inside downtown shops.

Horner said several businesses complained to the State College Police Department that the noise was too loud.

Horner also charged Heicklen with violating a State College Borough noise control ordinance, which makes it unlawful for anyone to cause a noise disturbance with the use of sound amplifiers such as a bullhorn.

Heicklen said this is the 13th time he's been arrested in less than a year.

The purpose of the protest was to educate people about legal rights that police often do not inform citizens of when charging them with an offense or crime, said Diane Fornbacher, a coordinator of Heicklen's weekly protests.

Fornbacher, who was arrested on the same charges, said the police violated her and Heicklen's First Amendment rights.

"Free speech is dead at Penn State," Heicklen said after his arraignment. "The police don't let you say what they don't approve of."

However, Horner said the two were arrested because they refused to stop using the bullhorn and were disturbing others who were not participating in the protest.

They were not arrested because of the content of what they were saying, Horner said. "They were too loud," he said.

At past protests, Heicklen and Fornbacher have smoked marijuana in attempts to legalize marijuana.

"I didn't smoke pot (at the protest) simply because we ran out of weed," Fornbacher said. "Otherwise I would have been openly (smoking it)."

A court date has been set for next Wednesday for both Heicklen and Fornbacher.