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For Immediate Release
September 26, 2001
Newark, NJ - The American Civil Liberties Union of New Jersey announced today that it filed a lawsuit against the Borough of Franklin Lakes, challenging an ordinance that limits the right of borough residents to display political signs in front of their homes. The ACLU-NJ asserts that the ordinance violates citizens' right to free speech and expression as guaranteed by the First Amendment to the United States Constitution and by Article I, Paragraphs 1 and 6 of the New Jersey Constitution.
The Franklin Lakes ordinance prohibits any political signs from being displayed until two weeks before an election, requires their removal two days after an election and, as currently written, requires residents to obtain a permit and pay a fee to display such signs. The ordinance also requires political signs to be set back ten feet from the curb and to be no more than 2'x3' in dimension, making it hard to be viewed by passersby. The New Jersey Supreme Court has already rejected a six square foot size limitation such as the one adopted by the borough as violative of citizens' free speech rights.
"In our country citizens have a fundamental right to communicate to others support for those candidates with whom they agree or dissatisfaction with those with whom they disagree. That is in fact an essential part of our democratic process. By restricting citizens' ability to place signs of support at their own residences as a method of communicating with others, the Borough of Franklin Lakes has violated the most basic free speech rights of its residents," explained ACLU-NJ Legal Director Ed Barocas.
The lawsuit is captioned Boehm v. Borough of Franklin Lakes. The plaintiff, Dr. Ed Boehm, is a Democratic candidate for Borough Council, whose current members are all Republicans. Dr. Boehm seeks to utilize the placement of signs at his and his supporters' residences to gain name recognition and to convey his positions on issues. The attorney representing Dr. Boehm on behalf of the ACLU-NJ is Lewis Robertson of Red Bank, New Jersey.
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