ACLU-NJ Wins Temporary Restraining Order in Favor of Occupy Trenton Protesters

November 07, 2011

NEWARK — A Superior Court judge has validated the free speech rights of Occupy Trenton protesters and has ordered the state to return all of the food, medical supplies, computers and other property that it confiscated on October 14.

New Guides Help NJ Citizens Gain Access to Government

November 02, 2011

NEWARK - Although New Jersey's Sunshine Law and Open Public Meetings Act are powerful tools to gain access to government officials, interpreting the laws can sometimes present a challenge. The ACLU-NJ has two new resources to change that, one demystifying the Sunshine Law and another shedding light on the Open Public Records Act.

ACLU-NJ goes to court to defend Occupy Trenton's free speech

October 27, 2011

State illegally confiscated computers, signs and medicine from protesters

TRENTON – The American Civil Liberties Union of New Jersey (ACLU-NJ) appeared in the Chancery Division of Mercer County Superior Court yesterday afternoon to stop the State from enforcing unconstitutional rules that violate the free speech rights of the Occupy Trenton protesters. The ACLU-NJ argued that the State illegally confiscated the laptops, coolers and other property belonging to the protesters on October 14 as a means to chill their free speech.

“The state cannot arbitrarily create restrictive policies just because it does not like how people are using a public space,” said ACLU-NJ Legal Director Ed Barocas. “Laws must be created pursuant to proper process, not created by executive fiat.”

The rules at issue were developed and enforced only after protesters first descended on Veterans Park on State Street on Oct. 6 with blankets, laptops, a small generator, coolers of food and tarps for rain. In the past, other groups have been permitted to use tables, canopies and other items that the State has prohibited Occupy Trenton from using.

On Oct. 13, Raymond Zawacki, Deputy Commissioner for Veteran’s Affairs in New Jersey’s Department of Military and Veterans Affairs, issued an edict restricting any camping or picnicking items from the park. The next day, the State Police confiscated most of the protesters’ property, including their computers, coolers, the generator and their protest signs.

During the hearing, ACLU-NJ cooperating attorney Bennet Zurofsky argued the state cannot inhibit speech activities simply because it doesn’t like the aesthetics. Zurofsky also pointed out that picnicking - including with items like coolers and chairs - is just the kind of activity for which parks were designed. The Attorney General’s office argued in court that the State can make up whatever rules it wishes regarding its property and that any “unattended” property should be considered “abandoned.” The State has essentially taken the position that property, including protest signs, is “unattended” if it is not within arm’s length of an individual. Indeed, the State seized protestors’ property despite the fact that the protestors are within a few feet of their items.

The ACLU-NJ asked the court to impose a temporary restraining order to prevent the State from infringing upon the protestors’ fundamental rights. The judge is expected to rule in the next few days.

Related Documents

• Occupy: Brief
• Occupy: Complaint
• DMAVA Letter

More Obstacles Encountered in Quest for Transparency about Facebook Donation

October 25, 2011

NEWARK - The Secondary Parent Council (SPC) and other organizations seeking information about the $100 million pledge by Facebook CEO Mark Zuckerberg continue to encounter roadblocks by the City of Newark and other public officials who are using personal email accounts to discuss the donation.

ACLU-NJ’s Statement on Union Township School Teacher’s Facebook Post

October 18, 2011

NEWARK — Although we do not agree with the sentiments expressed on Union Township teacher Viki Knox’s personal Facebook page, her beliefs and comments are protected by the First Amendment. But because her postings raise questions about her conduct within school, the school district can and should investigate whether she is performing her job in accordance with school policies and the state's Law Against Discrimination.

ACLU-NJ Releases Toolkit to Guide Residents in Investigating their Local Police Departments

September 09, 2011

NEWARK - The American Civil Liberties Union of New Jersey (ACLU-NJ) today released a guide that offers citizens tips on how to investigate their local police departments and hold them accountable to the public. The guide, released exactly one year after the ACLU-NJ submitted a petition asking for the Department of Justice to investigate the Newark Police Department, includes many of the same steps the ACLU-NJ took in compiling its petition.

Parents' Group Sues for Details of Facebook Donation to Newark Schools

August 23, 2011

NEWARK - The American Civil Liberties Union of New Jersey's Open Governance Project (ACLU-NJ) and the Newark-based Secondary Parent Council (SPC) filed suit today against the City of Newark for refusing to release records concerning the $100 million gift that Facebook Chief Executive Mark Zuckerberg pledged last September to transform the city's public school system.

ACLU Seeks Details on Government Phone Tracking in Massive Nationwide Information Request

August 03, 2011

NEW YORK, N.Y. - In a massive coordinated information-seeking campaign, 34 American Civil Liberties Union affiliates across the nation today, including New Jersey are sending requests to 375 local law enforcement agencies large and small demanding to know when, why and how they are using cell phone location data to track Americans. The campaign is one of the largest coordinated information act requests in American history. The requests, being filed under the states' freedom of information laws, are an effort to strip away the secrecy that has surrounded law enforcement use of cell phone tracking capabilities.

Gov. Christie releases records after lawsuit

July 25, 2011

NEWARK - In response to a lawsuit filed by the American Civil Liberties Union of New Jersey, Gov. Chris Christie's office today released records that it originally shielded citing executive privilege.

ACLU-NJ sues to challenge Gov. Christie's denial to release Ailes emails to Gawker reporter

July 25, 2011

NEWARK - The American Civil Liberties Union of New Jersey has sued New Jersey Governor Chris Christie's office on behalf of Gawker Entertainment and its reporter challenging the Governor's refusal - based on claims of executive privilege — to release correspondence between Fox News President Roger Ailes and Governor Christie.