Legal Opinion · Dissent

State v. Lashinsky

Supreme Court of New Jersey

Decided July 23, 1979Published

1DissentPashman, J.

I have no quarrel with the standard which the majority has espoused in judging the legality of defendant’s actions. Whether a newsman’s refusal to obey a police officer’s command constitutes a violation of N.J.S.A. 2A:170-29(2)(b) must, in the final analysis, hinge upon whether “from an objective standpoint and under all of the circumstances” that command was reasonable. See ante at 1128. Moreover, in making such a “reasonableness” determination, we must not lose sight of the media’s special role in enlightening the public with respect to current events and thus be mindful that the newsman…

2Cases cited17 opinions

  1. Procunier v. MartinezSupreme Court of the United States · 1974
  2. Sheppard v. MaxwellSupreme Court of the United States · 1966
  3. Virginia State Board of Pharmacy v. Virginia Citizens Consumer Council, Inc.Supreme Court of the United States · 1976
  4. Branzburg v. HayesSupreme Court of the United States · 1972
  5. Estes v. TexasSupreme Court of the United States · 1965

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