“Cursing” and “Off-Color Language” Not Necessarily Child Abuse NJ Supreme Court Rules, Affirming ACLU-NJ Position

February 2, 2015

The New Jersey Supreme Court today handed down a ruling (PDF) affirming that a parent is not guilty of child abuse just for admitting to cursing and using off-color language. The ACLU-NJ argued as a friend of the court in State of New Jersey v. Tate that a foster father’s vague description of having cursed and used off-color language in front of his child as part of a guilty plea -- which he requested to withdraw -- was not strong enough evidence of habitual use of obscenity.

“Today’s decision rejects the dangerous notion that offensive language alone amounts to a crime,” said CJ Griffin of the law firm Pashman Stein, who authored the brief (PDF) and argued on behalf of the ACLU-NJ. “We’re pleased that the Court recognized that a defendant’s admission to having used curse words and off-color language in front of a child was too vague on details to make him guilty of abuse on that basis alone.”

The ACLU-NJ also argued that the one-hundred-year-old law should be struck down as unconstitutionally vague, but the Supreme Court decided it did not need to address that issue in this case.

“We’re gratified with the court’s decision to safeguard lawful speech by requiring trial courts to obtain factually sufficient guilty pleas,” said ACLU-NJ Deputy Legal Director Jeanne LoCicero. “The law in question at the center of this case, however, still raises serious constitutional problems, and we hope those issues can be resolved either through the legislature or through the courts.”

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