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Attorneys Oppose NJ Woman’s ‘F*** Biden’ Signs

Signs ordered to be taken down by NJ . judge

A city judge in New Jersey on Thursday ruled that a landlady against Joe Biden Political signs – some of which included the word “fuck” – violated county ordinances that forbade obscene acts and must be removed, NJ.com report Friday. The ruling was met with derision from lawyers, many of whom said the judge’s order contradicted First Amendment protections against censorship of political speech.

According to the report, City Court Judge Roselle Park Gary Bundy The owner orders Patricia Dilascio to remove the signs from her front lawn or face a $250 a day fine. The signs – including the phrases “Fuck Biden and damn you voted for him” and “Fuck Biden, not my president” – belong to Dilascio’s daughter, Andrea Dick.

“This is not a political case. It’s a case, pure and simple, of language,” Bundy wrote in the comments. “This ordinance does not restrict political speech. Neither this town nor its laws can prevent or eliminate Ms. Dilascio’s right to free speech. However, freedom of speech is not simply an absolute right. It is clear under state law and regulation that we cannot simply take out the First Amendment umbrella and say everything and anything is protected speech.”

The law at issue prohibits landlords from displaying “any sexually explicit material, communication, or performance or articles or other items of obscene content in the Area.” “Pornography” is defined as “any material, communication or performance” that would be deemed to attract “sketch interest”, depict or depict sexual behavior and lack any “any serious literary, artistic, political or scientific value”.

According to NJ.com, Dick’s attorney, Michael Campagna, argues that the definition of obscenity has evolved since the 1920s, when women showing their knees in public were considered obscene.

“I am a firm believer in the First Amendment, I may not believe what you are saying, but I fully believe you have a right to say it. That’s what our democracy is all about. If you tell people that they can’t say something, that they can’t print something, that they can’t sign up, then we’re going into censorship,” he said.

“In Nazi Germany, when Hitler Campagna said. “I don’t think we want that to happen in Roselle Park.”

Democratic Mayor of Roselle Park Joseph Signorello said the house was close to a school and caused outrage among local residents

Signorello told NJ.com: “Today is a victory for politeness and decency. “While we respect the views of our residents, there is no room for profanity by a school and students.”

Dick has been steadfast in his refusal to take down the signs and says that speech is protected by the US Constitution.

Lawyers quickly overturned the ruling, which appeared to violate the U.S. Supreme Court precedent set in the landmark 1971 case Cohen v. California. In that case, a man protesting the Vietnam War was charged with violating the “peaceful” statute by wearing a jacket that read “FUCK THE DRAFT. STOP THE WAR. “

Arguing that “one person’s profanity is another’s,” the high court ruled that the government could not provide for an individual’s right to use abusive language to protect public morals. plus.

“This is an absurd and unconstitutional decision. (It is insulting and silly that her attorney compares local government censorship to Nazi Germany),” New York-based attorney Sean Hecht Written.

“F of this judge,” wrote the Georgia State Law School professor Anthongy Michael Kreis.

[image via YouTube/ABC7NY screengrab]

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https://lawandcrime.com/first-amendment/attorneys-deride-ridiculous-and-unconstitutional-ruling-ordering-n-j-woman-to-remove-f-biden-sign-from-lawn/ | Attorneys Oppose NJ Woman’s ‘F*** Biden’ Signs

Huynh Nguyen

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