In a divided opinion, the U.S. Court of Appeals for the Second Circuit on Wednesday said a trial judge should have made a narrower ruling on the application of a courthouse protest limit to a man advocating for jury nullification.

Circuit Judges Gerard Lynch and Michael Park ruled that the man, a “self-described civil libertarian” named Michael Picard who was arrested for violating the limit, has standing to challenge the New York statute prohibiting certain speech within 200 feet of a courthouse.