ICYMI – Part of NJ bias crime law ruled unconstitutional
[5:59 p.m., March 18, 2015] On March 17th, the Supreme Court ruled that section 2C:16-1(a)(3) of the state’s bias crime law is unconstitutional. This statute criminalizes speech based upon the reasonable perceptions of the listener as opposed to the intent of the speaker. As such, the statute is unique in American law. It also violates the due process clause for vagueness.
A PDF of State v. Pomaniek is available here.