Legal Opinion
State v. Burkert
Supreme Court of New Jersey
Decided December 19, 2017No. 077623PublishedCited by 66 opinions
1Opinion of the CourtJustice Albin
The free-speech guarantees of our Federal and State Constitutions safeguard not only polite and decorous conversation and debate but also speech that we hate—speech that is crude, obnoxious, and boorish. A commitment to free discourse requires that we tolerate communication of which we strongly disapprove. This case tests the limits to which a broadly worded harassment statute can criminalize speech.
William Burkert and Gerald Halton were corrections officers, who held positions in different unions representing distinct classes of corrections officers. Their relationship became particularly…
2Cases cited46 opinions
- Cantwell v. ConnecticutSupreme Court of the United States · 1940
- National Ass'n for the Advancement of Colored People v. ButtonSupreme Court of the United States · 1963
- R. A. v. v. City of St. PaulSupreme Court of the United States · 1992
- Cohen v. CaliforniaSupreme Court of the United States · 1971
- Garrity v. New JerseySupreme Court of the United States · 1967
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3Cited by66 opinions
- State v. CarrollNew Jersey Superior Court Appellate Division · 2018
- State v. MelendezNew Jersey Superior Court Appellate Division · 2018
- Estate of Narleski v. GomesNew Jersey Superior Court Appellate Division · 2019
- State v. B.A.New Jersey Superior Court Appellate Division · 2019
- ATLAS DATA PRIVACY CORPORATION v. ACCURATE APPEND, INC.District Court, D. New Jersey · 2024
61 more not listed; retrieve them via the Exa API.