Court Vacates Charges for Roselle Park Resident Wrongly Cited under Obscenity Ordinance
The Borough of Roselle Park moved to dismiss conviction and fine previously imposed by the municipal court
The Superior Court, Law Division today vacated charges against a Roselle Park resident, represented by the ACLU-NJ, who was cited for violating the town鈥檚 obscenity ordinance after displaying signs that read 鈥淔uck Biden鈥� on her property.
The following statement can be attributed to ACLU-NJ Executive Director Amol Sinha:
鈥淭he First Amendment exists specifically to make sure people can express strong opinions on political issues - or any other matter - without fear of punishment by the government. Today鈥檚 decision confirms that our position was correct: Roselle Park had no grounds to issue fines for a political sign and the town鈥檚 use of its obscenity ordinance infringed upon fundamental rights protected by the First Amendment. It was an uncomplicated case.
This type of policing and silencing of speech has historically disproportionately impacted marginalized New Jerseyans and cannot go unchecked. Today鈥檚 decision is a victory for our client and for all New Jerseyans who have the right to express themselves freely under the First Amendment.鈥�
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