State v. Burkert

  • Filed: 12/07/2016
  • Status: Closed
  • Court: New Jersey Supreme Court
  • Latest Update: Jun 04, 2018
Cases

Amicus brief in challenge to New Jersey State's interpretation of the criminal conviction of harassment.

The ACLU-NJ, as a friend-of-the-court, weighed in on how courts should interpret New Jersey's criminal harassment statute to avoid First Amendment problems. The brief argues that the term "harass" cannot be construed as a synonym for "annoy" or "alarm" and that a defendant must have an intention to harass.

The New Jersey Supreme Court decided that the defendant's conduct did not amount to criminal harassment.

Attorney(s):
Rutgers Constitutional Rights Clinic