What’s free speech? And what isn’t situationally protected?
The age-old debate has riled Roselle Park, Save Jerseyans, since one homeowner’s daughter decided to hang some anti-Biden signs with profane language on a fence in clear view of passersby.
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This week, Roselle Park Municipal Court Judge Gary Bundy said the homeowner – whose property is one block from a school – would need to remove three of the signs (ones which contain the word “fuck”) or face a stiff $250 per day fine.
NJ.com has the story:
“This is not a case about politics. It is a case, pure and simple, about language,” Bundy said. “This ordinance does not restrict political speech. Neither this town or its laws may abridge or eliminate Ms. Dilascio’s freedom of speech. However, freedom of speech is not simply an absolute right. It is clear from state law and statutes that we cannot simply put up the umbrella of the First Amendment and say everything and anything is protected speech.”
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The ordinance prohibits displaying “any obscene material, communication or performance or other article or item which is obscene within the Borough.” It defines obscenity as material that depicts or describes sexual conduct or lacks any serious literary, artistic, political or scientific value.
The “sexual conduct” part is interesting because another sign exclaiming “Biden blows” was permitted to remain, and we all know what that means. Ask the nearest Clinton if you don’t.
In any event, I think there’s a chance this one fails to hold up if it’s appealed. Check out Cohen v. California if you’re down for a deeper dive. Don’t be surprised if we get a precedent-setting ruling involving a “Fuck Biden” banner soon since this scenario appears to be playing out all over the country…
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