Harassment and Protected Speech (Part 2)

by | Nov 4, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County

The Appellate Division continued in relevant part: The judge’s suggestion that plaintiff had a right to not be subjected to anonymous phone calls, threats, or picketing at his house–especially absent evidence that defendant made calls herself or distributed plaintiff’s contact information–is likewise insufficient to render defendant’s speech unlawful. Only the #FREE[L.B.B.] photo image, which the judge did not attribute to defendant, identified plaintiff’s hometown, not the video. Moreover, there was no direct evidence of a link between the creation of the video, the dissemination of the video, and plaintiff’s receipt of anonymous phone calls. In any event, the acts of identifying an individual, encouraging others to call them and urge them to change their behavior, and picketing in their hometown are protected activities under Keefe, 402 U.S. at 417, 419.

Although the judge found that get refusers, like plaintiff’s father, were at risk of imprisonment, there is no such offense in our penal code. Israeli courts–where marriage and divorce are governed exclusively by religious law–retain the power to impose sanctions including fines or jail sentences for get refusal. Jodi M. Solovy, Civil Enforcement of Jewish Marriage and Divorce: Constitutional Accommodation of a Religious Mandate, 45 DePaul L. Rev. 493, 501 n.59 (1996). “Israeli law gives rabbinical courts the authority to issue certain sanctions to pressure a non-consenting spouse to give consent to a get.” Ben-Haim v. Edri, (App. Div. 2018). No such risk exists in state courts, as it is a fundamental principle that civil courts may not become entangled in religious proceedings “if resolution requires the interpretation of religious doctrine.” RanDav’s Cnty. Kosher v. State (1992); see also Satz v. Satz, ___ N.J. Super. ___, ___ (App. Div. 2023) (slip op. at 16-18) (rejecting the ex-husband’s argument that the trial court violated his First Amendment rights by enforcing the provisions of a marital settlement agreement, rather than a religious contract, in which the parties agreed to participate in a beth din proceeding to obtain a get that the ex-wife sought).

Keefe concerned the actions of a rea estate broker in the Chicago area in the 1970s. He was alleged to have disseminated communications warning white residents that blacks were moving into their neighbors. He is alleged to have done so to encourage white residents to hire him to help sell their homes. The United States Supreme Court reversed the Illinois Supreme Court’s decision to permit an injunction against Keefe.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent advice. Clam and accretive. Handled my case professionally and efficiently. Thank you for the great service. -D.
Danni K
Google star 1Google star 2Google star 3Google star 4Google star 5
My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for. I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
Bre D
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional, always available to answer any questions I had. Plus, I didn't lose my license all thanks to him. Great lawyer overall
David B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is knowledgeable and he has great working relationships with the courts. He HONESTLY is seeking the best deal for you he is not all about the money!! Thanks Fred you saved me BIG TIME!!
Casey B
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V