December 05, 2004
Newark - The ACLU-NJ announced today that it represents the Piscataway Republican Organization and its recent slate of candidates for township offices in a libel suit filed against them by the Piscataway Democratic Organization. As part of its representation, the ACLU-NJ today filed a motion to dismiss the lawsuit.
"Free political speech is a founding American belief," said Deborah Jacobs, ACLU-NJ Executive Director. "The way to fight speech that you don't like or don't think is accurate is to speak out yourself, not to silence or suppress what others say."
The lawsuit centers on a campaign sign (see image) used by the Piscataway Republican Organization during the recent elections. The sign stated: "Bribery. Corruption. Indictment. Had Enough?" with a picture of a broom. The sign then urged viewers to vote for the Republican slate for township mayor and council.
The Democratic incumbents asked that the signs be removed. The Republicans refused. The Democrats then filed suit for libel, claiming that the sign implied that they, as individuals, were guilty of bribery and corruption. Although the entire Piscataway Democratic slate of candidates won in the November elections, they refused to dismiss the lawsuit.
The ACLU-NJ's motion to dismiss the lawsuit is based on the fact that the ad contained protected, non-libelous speech. The brief explains that the ad was political rhetoric, and did not direct allegations at a particular individual; rather, it was impersonal criticism of a government administration.
"Political discourse should be uninhibited and this is political speech in its most basic form," said Frank Corrado of Barry Corrado Grassi & Gibson, the ACLU-NJ's cooperating attorney in the case. "The candidates had the right to comment on the political climate as they saw it and to ask voters to remove the incumbents to change the status quo."
The case is captioned Piscataway Democratic Organization, et al. v. Piscataway Republican Organization, et al. It was filed in New Jersey Superior Court, Middlesex County.