“When a Legislature protects a free press, it fortifies the foundations of our representative democracy. To permit government to restrain the press is to tempt government to act without restraint. A government that frees the press from restraining influences is a blessing without disguise. It fosters the criticism of official conduct that is necessary to make government responsive to citizens. That is why democracies do not punish inaccurate speech.” New Jersey Supreme Court Justice Pashman, Maressa v. New Jersey Monthly, 89 N.J. 176, 201 (1982)
The First Amendment protects our freedom of expression, which includes freedom of speech, the press, association, assembly, and petition. It is a fundamental right that protects our democracy.
As champions of the freedom of expression, whether through media, protest, the arts, or other avenues that often face censorship, we represent individuals and journalists in lawsuits to protect their First Amendment rights and we file amicus briefs in important First Amendment cases pending in our appellate courts. We recognize that the defense of our First Amendment rights applies to messages that many people may find unpopular or even offensive. But these rights must be protected, for every citizen, as a matter of public interest.
We filed an amicus brief in Petro-Lubricant Testing Labs Inc. v. Asher Adelman, 223 N.J. 236 (2018), a New Jersey Supreme Court case regarding the extent to which internet publications may be edited before triggering a new statute of limitations period for defamation claims. We have also asserted the Shield Law on behalf of journalists who were served subpoenas seeking to compel their testimony regarding information obtained from confidential sources.
Amicus brief in N.J. Supreme Court addressing whether the crime-fraud exception to the marital communications privilege should be applied retroactively.
Lawsuit against school district that suspended students for posting pictures on social media.
Amicus brief in defamation case involving application of the single publication rule to internet articles.
Amicus brief arguing statute which penalized the "habitual use of profane, indecent, or obscene language" in front of a child violated First Amendment.
Direct representation in a case addressing whether an online platform be completed to provide names of anonymous users.
News & Insights
- Lacey Township High School unconstitutionally punished students for posts made off-campus and outside of school hours, says ACLU-NJ suit | April 10, 20194.10.19
- NJ Supreme Court Rules "Single Publication Rule" Applies to Internet Articles and Defines Parameters of Republication to Restart the Statute of Limitations for a Defamation Cause of Action5.7.18
- News, New Jersey Law Journal, 9.14.23
- News, 1.25.21
- N.J. man asks state Supreme Court to strike down law against cursing in front of children | NJ.com | March 29, 2019News, 3.29.19
- N.J. Supreme Court Tosses Man's Child Abuse Guilty Plea Based On ‘Off-Color' Language | CBS New York | February 2, 2015News, CBS New York, 2.2.15