chklt_freesp_100: Free Speech & Expression

It is probably no accident that freedom of speech is the first freedom mentioned in the First Amendment:

"Congress shall make no law . . . abridging the freedom of speech, or of the press, or of the people peaceably to assemble, and to petition the Government for a redress of grievances."

The Constitution's framers believed that freedom of inquiry and free expression were the hallmarks of a democratic society. But historically, at times of national stress — real or imagined — First Amendment rights come under enormous pressure. During the Red Scare of the early 1920s, thousands were deported for their political views.

During the McCarthy period, the infamous blacklist ruined lives and careers. Today, the creators, producers and distributors of popular culture are being blamed for the nation's deep social problems. Calls for censorship threaten to erode free speech.

The First Amendment exists precisely to protect the most offensive and controversial speech from government suppression. The best way to counter obnoxious speech is with more speech. Persuasion, not coercion, is the solution.

Legal Cases

  • ACLU-NJ v. Hendricks
    Amicus brief, written along ACLU Nationals and Americans United for Separation of Church and State, in challenge to the state from awarding taxpayer funds to two religious higher education institutions.
  • State v. Burkert
    Amicus brief in challenge to New Jersey State's interpretation of the criminal conviction of harassment.
  • Freedom From Religion Foundation v. Morris County Freeholders
    Amicus brief in challenge to Morris County’s use of taxpayers’ money for church repairs, which violated the New Jersey State Constitution.
  • E&J Equities v. Board of Adjustment of Township of Franklin
    Town ordinance effectively prohibits electronic billboards
  • Hassan v. The City of New York
    Challenge to surveillance by the New York Police Department of Muslims in New Jersey.
  • State v. Pomianek
    A victim’s perception of what the defendant intended by their words is not enough to convict someone of bias intimidation.
  • State v. Bessey
    Animal rights activist tickets for violating ordinance that had been changed the day of the protest and which she was unaware of.
  • Assessmentgate v. Montlcair Board of Education
    Montclair Board of Education subpoenaed Google for information that would identify anonymous blogger.
  • ACLU-NJ v. Hendricks
    Challenge to New Jersey tax dollars used to support religious schools.
  • State v. Skinner
    Rap lyrics are a form of artistic expression that are protected under the First Amendment and the New Jersey Constitution and trial court judges should adopt guidelines to guide courts when considering whether or not to admit fictional, artistic expression as evidence.

Legislative Efforts

Op-Eds

Publications

Archives

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