STATE v. BURKERT

A-6 Sept.Term 2016 077623.

174 A.3d 987 (2017)

231 N.J. 257

STATE of New Jersey, Plaintiff-Appellant, v. William BURKERT, Defendant-Respondent.

Supreme Court of New Jersey.

Decided December 19, 2017.


Attorney(s) appearing for the Case

Sarah Lichter , Deputy Attorney General, argued the cause for appellant ( Christopher S. Porrino , Attorney General, attorney; Sarah Lichter, of counsel and on the briefs).

Steven J. Kaflowitz argued the cause for respondent (Caruso Smith Picini, attorneys; Steven J. Kaflowitz on the briefs and Timothy R. Smith , of counsel and on the briefs).

Edward L. Barocas argued the cause for amicus curiae American Civil Liberties Union of New Jersey (Edward L. Barocas, Legal Director, and Rutgers Constitutional Rights Clinic Center for Law & Justice, attorneys; Edward L. Barocas, Jeanne M. LoCicero , Alexander R. Shalom , and Ronald K. Chen , of counsel and on the brief).

J. Gregory Crane and Eugene Volokh of the California bar, admitted pro hac vice, submitted briefs on behalf of amicus curiae Pennsylvania Center for the First Amendment (Scott & Cyan Banister First Amendment Clinic, UCLA School of Law, attorneys; J. Gregory Crane and Eugene Volokh, on the briefs).


The free-speech guarantees of our Federal and State Constitutions safeguard not only polite and decorous conversation and debate but also speech that we hate — speech that is crude, obnoxious, and boorish. A commitment to free discourse requires that we tolerate communication of which we strongly...

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