Daniel S. Rockoff , Assistant Deputy Public Defender, argued the cause for respondent ( Joseph E. Krakora , Public Defender, attorney; Daniel S. Rockoff, of counsel and on the briefs).
Michael L. Zuckerman, Deputy Solicitor General, argued the cause for amicus curiae Attorney General of New Jersey (Matthew J. Platkin, Attorney General, attorney; Jeremy M. Feigenbaum, Solicitor General, Michael L. Zuckerman, David M. Galemba, Tim Sheehan, and Catlin A. Davis, Deputy Attorneys General, of counsel and on the briefs).
Alexander Shalom Newark, argued the cause for amicus curiae American Civil Liberties Union of New Jersey (American Civil Liberties Union of New Jersey Foundation and Rutgers Constitutional Rights Clinic Center for Law & Justice, attorneys; Alexander Shalom and Jeanne LoCicero, of counsel and on the briefs, and Ronald K. Chen, on the briefs).
Bruce S. Rosen, Morristown, argued the cause for amicus curiae Association of Criminal Defense Lawyers of New Jersey (Pashman Stein Walder Hayden, attorneys; CJ Griffin, of counsel and on the briefs, and Bruce S. Rosen and Dillon J. McGuire, on the briefs).
JUSTICEWAINER APTER delivered the opinion of the Court.
This case requires us to decide whether a prosecution for terroristic threats under N.J.S.A. 2C:12-3(a) premised on a mens rea of recklessness is constitutional under the First Amendment to the United States Constitution and Article I, Paragraph 6 of the New Jersey Constitution. N.J.S.A. 2C...
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