MURRAY v. LAWSON


136 N.J. 32 (1994)

642 A.2d 338

BELINDA MURRAY AND ELRICK A. MURRAY, M.D., PLAINTIFFS-RESPONDENTS, v. MICHAEL ANDREW LAWSON, DAVID CRIST, JANE DOE (A FICTITIOUS NAME) AND JOHN DOE (A FICTITIOUS NAME), DEFENDANTS-APPELLANTS. VIRGINIA BOFFARD AND DARYL K. BOFFARD, M.D., PLAINTIFFS-RESPONDENTS, v. TIMOTHY BARNES, DOROTHY BLACK, CAROL FORD, BARBARA CARLSTROM, JANE DOE (A FICTITIOUS NAME) AND JOHN DOE (A FICTITIOUS NAME), DEFENDANTS-APPELLANTS.

The Supreme Court of New Jersey.

Decided April 6, 1994.


Attorney(s) appearing for the Case

Richard F. Collier argued the cause for appellants Michael Andrew Lawson, David Crist, Jane Doe and John Doe.

Michael Patrick Carroll argued the cause for appellants Timothy Barnes, Dorothy Black, Carol Ford, and Barbara Carlstrom (Mr. Carroll and Richard J. Traynor, attorneys).

Pamela Mandel argued the cause for respondents Belinda Murray and Elrick A. Murray, M.D., Virginia Boffard and Daryl K. Boffard, M.D.

Frank L. Corrado argued the cause for amicus curiae American Civil Liberties Union of New Jersey in Murray v. Lawson and Boffard v. Barnes (Barry & Corrado and Lisa Glick Zucker, attorneys).

Dara Klassel, a member of the New Jersey and New York bars, argued the cause for amici curiae Planned Parenthood Federation of America and Planned Parenthood Affiliates of New Jersey in Murray v. Lawson and Boffard v. Barnes (Ansell, Zaro, Bennett and Grimm, attorneys; Ms. Klassel and Richard B. Ansell, on the brief).

Charles J. Walsh argued the cause for amicus curiae The American College of Obstetricians and Gynecologists in Murray v. Lawson and Boffard v. Barnes (Sills, Cummis, Zuckerman, Radin, Tischman, Epstein & Gross, attorneys; Mr. Walsh and Steven R. Rowland, of counsel and on the brief).

Andrea M. Silkowitz, Assistant Attorney General, argued the cause for amicus curiae Attorney General of New Jersey (Fred DeVesa, Acting Attorney General, attorney; Jack M. Sabatino, Assistant Attorney General, of counsel).


The opinion of the Court was delivered by CLIFFORD, J.

These cases, argued together before this Court, require a balance between the free-speech rights of anti-abortion protestors and the residential-privacy interests of two doctors and their families. In Murray v. Lawson, the Appellate Division upheld a permanent injunction by the Chancery Division prohibiting defendants, anti-abortion protestors, from picketing within 300 feet of plaintiffs' residence.

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