Tag: First Amendment

NJ Supreme Court Rules Co-Op Board’s Leaflet Ban Violated Resident’s Free Speech Rights

In Dublirer v. 200 Linwood Avenue Owners, the Supreme Court of New Jersey recently held that a co-op’s leaflet ban was unconstitutional. In reaching its decision, the court clarified the standard to evaluate restrictions on free speech in a common-interest community like the building in this case. The Facts of

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

NJ Appeals Court Upholds Municipal Ban on Digital Billboards

The Appellate Division of the New Jersey Superior Court recently held that banning digital billboards, while allowing static ones, does not violate the U.S. Constitution. The trial court had previously held that the Franklin Township ordinance violated the First Amendment. The Facts of the Case The dispute in E&J Equities

NJ Municipality to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

New Brunswick to Pay $1.4 Million to Resolve Bar Owner’s First Amendment Claims

The City of New Brunswick impermissibly blocked a bar owner’s efforts to open a restaurant and sports bar to be named “Buck Foston’s,” according to a New Jersey jury. It awarded plaintiff Lawrence D. Blatterfein more than $1.5 million for the violation of his First Amendment rights. The Facts of

NJ Supreme Court Overturns Digit Billboard Ban

U.S. Supreme Court to Review Municipal Sign Ordinance Next Term

The U.S. Supreme Court recently agreed to consider whether an Arizona town’s sign ordinance violates the First Amendment, as applied to a local church. Under long-standing First Amendment precedent, content-based restrictions on speech are closely scrutinized and upheld only if they are “narrowly tailored” to a “compelling government interest.” Reed

public employees

U.S. Supreme Court Addresses First Amendment Rights of Public Employees

New Jersey municipalities should be aware of an important U.S. Supreme Court decision addressing the expanded free speech rights of public employees. In Lane v. Franks, a unanimous Court held that the First Amendment protected a public employee when he testified truthfully about fraud in the work place pursuant to

Supreme Court Upholds Prayer Before Council Meeting

On May 5, 2014, the Supreme Court upheld Christian prayers at the beginning of local town meetings in the case Town of Greece v. Galloway. The Court declared the prayer in line with long-standing, national traditions, even though the nation has grown more religiously diverse. The Court was narrowly divided

Aggregate Campaign Contribution Limits Violate First Amendment

The recent opinion of the U.S. Supreme Court in McCutcheon v. Federal Election Committee has struck a blow to the regulation of money in elections. The Court struck down the federal limits on the total amounts individual donors may contribute to candidates and political committees. The Court reasoned that donating