ACDL v. Calvin Fair, ___ N.J. ___ (2024)

Bruce Rosen argued this case for ACDL-NJ regarding whether a reckless state of mind is sufficient for a prosecution of terroristic threats. While the Court disagreed with this primary argument, it adopted our secondary position, that an objective component is also necessary for a “true threats” prosecution, and that the jury should be charged that they must unanimously agree as to whether defendant violated subsection (a), (b), or both of the statute under which he was prosecuted.

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