Frank W. Turney v. Margaret Pugh, Commissioner

This case raises the perennially difficult issue of the proper balance between two of our society’s most treasured guarantees: the fair administration of justice (including, most importantly, a defendant’s right to a fair trial) and the right to freedom of expression. In this appeal from the denial of his petition for 'a writ of habeas corpus, petitioner Frank Turney alleges that the Alaska jury tampering statute under which he was convicted is overbroad in violation of the First Amendment. As interpreted by the Alaska Supreme Court, the statute prohibits knowingly communicating with a júror, directly or indirectly, with the intent to influence the outcome of a specific case, unless such communication is permitted by the rules of the proceeding. We conclude that the Alaska Supreme Court has interpreted the statute narrowly enough that it does not reach a substantial amount of protected speech. We therefore affirm the denial of Turney’s petition.

I. BACKGROUND

In July 1994, prior to the commencement of jury selection in the Alaska criminal case State v. Hall in Fairbanks, jury-nullification proponent Frank Turney approached three members of the venire in the courthouse and told…