The federal government (plaintiff) indicted Julian Heicklen (defendant) on one count of attempted jury tampering, in violation of 18 U.S.C. § 1504. The indictment stated that Heicklen frequently stood outside a federal courthouse and handed leaflets to jurors as they entered the building. The leaflets advocated jury nullification and read in part: "It is not the duty of the jury to uphold the law. It is the jury's duty to see that justice is done." The leaflets also urged jurors to follow their consciences regardless of a judge's instructions on the law. Heicklen moved to dismiss the indictment on several grounds, including that the indictment did not allege all the required elements of a § 1504 crime.