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PLANNED PARENTHOOD OF MONMOUTH CTY., INC. v. CANNIZZARO

204 N.J. Super. 531 (1985)

499 A.2d 535

PLANNED PARENTHOOD OF MONMOUTH COUNTY, INC., PLAINTIFF, v. MAUREEN P. CANNIZZARO, MARY FLYNN, AMANDA FANSLER, JOANNE M. FISHER, JOHN T. HEMHAUSER, MARY GANS, OLIVIA GANS, JULIANN GANS, MONA JONES, ROBERT DOW, MARY KAY SMITH, NEW JERSEY RIGHT TO LIFE COMMITTEE, MONMOUTH COUNTY RIGHT TO LIFE COMMITTEE, SHIELD OF ROSES, AND Y.Y., A FICTITIOUS NAME FOR ALL PERSONS OR ORGANIZATIONS ACTING IN CONCERT WITH THE NAMED DEFENDANTS, DEFENDANTS.

Superior Court of New Jersey, Chancery Division Monmouth County.

Decided May 2, 1985.

Attorney(s) appearing for the Case

Richard B. Ansell for plaintiff (Anschelwitz, Barr, Ansell & Bonello, attorneys).

William F. Dowd for individual defendants Cannizzaro, Flynn, Fansler, Fisher, Hemhauser, Mary Gans, Olivia Gans, Julian Gans, Jones, Dow and Smith (Hanlon, McHeffey & Donnington, attorneys).

Richard J, Traynor for defendant Monmouth County Right to Life Committee (Traynor & Hogan, attorneys).

Robert A. Baron for defendant New Jersey Right to Life Committee, Inc., (Baron & Baron, for attorneys).

SELIKOFF, J.S.C.

This matter requires the Court to resolve a classic dispute: What is the equipose between the rights of freedom of speech and assembly, guaranteed by our State Constitution, when balanced against similarly guaranteed rights of privacy and property?

An Order to Show Cause with Verified Complaint seeking restraints was filed on June 1, 1984 by plaintiff Planned Parenthood of Monmouth County, Inc. A Temporary Restraining Order was signed, which...

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