Court Vacates Charges for Roselle Park Resident Wrongly Cited under Obscenity Ordinance

The Borough of Roselle Park moved to dismiss conviction and fine previously imposed by the municipal court

Affiliate: ACLU of New Jersey
July 27, 2021 12:30 pm

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The Superior Court, Law Division today vacated charges against a Roselle Park resident, represented by the ACLU-NJ, who was cited for violating the town’s obscenity ordinance after displaying signs that read “Fuck Biden” on her property.

The following statement can be attributed to ACLU-NJ Executive Director Amol Sinha:

“The First Amendment exists specifically to make sure people can express strong opinions on political issues – or any other matter – without fear of punishment by the government. Today’s decision confirms that our position was correct: Roselle Park had no grounds to issue fines for a political sign and the town’s use of its obscenity ordinance infringed upon fundamental rights protected by the First Amendment. It was an uncomplicated case.

This type of policing and silencing of speech has historically disproportionately impacted marginalized New Jerseyans and cannot go unchecked. Today’s decision is a victory for our client and for all New Jerseyans who have the right to express themselves freely under the First Amendment.”

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