Search for: "Matter of Burkert" Results 1 - 10 of 10
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19 Dec 2017, 8:10 am by Eugene Volokh
(Harassment laws sometimes have been applied to political debates, see the Introduction to my 2013 article, or for that matter the Moriwaki v. [read post]
12 Nov 2012, 6:26 am
On the basis of these facts, the trial court distinguished Saldibar from Burkert. [read post]
27 Feb 2024, 8:44 am by Eric S. Solotoff
” While this isn’t a criminal matter so the presumption of innocence does not apply, so to, there should not be a presumption of guilt. [read post]
18 Mar 2016, 10:45 am by Eugene Volokh
Burkert, released today by a New Jersey appellate court, the summary: Defendant’s conviction [for harassment] was based upon his creation of two “flyers” that contained the wedding photo of a fellow Union County corrections officer (the Sergeant), which was altered to include vulgar handwritten comments in speech bubbles…. [read post]
28 Feb 2019, 5:42 am by Eugene Volokh
Now it seems to me that there is no First Amendment exception for speech that the judge views as being "born out of a vendetta," or even as "seeking to cause mental distress"; but even to the extent there are exceptions for, say, defamation, or true threats, or perhaps even speech on matters of private concern that's "extreme and outrageous" and intended to cause severe emotional distress, that can't justify an overbroad, categorical "shall… [read post]