Court Vacates Charges for Roselle Park Resident Wrongly Cited under Obscenity Ordinance
The Borough of Roselle Park moved to dismiss conviction and fine previously imposed by the municipal court
The Superior Court, Law Division today vacated charges against a Roselle Park resident, represented by the ACLU-NJ, who was cited for violating the town鈥檚 obscenity ordinance after displaying signs that read 鈥淔uck Biden鈥 on her property.
The following statement can be attributed to ACLU-NJ Executive Director Amol Sinha:
鈥淭he First Amendment exists specifically to make sure people can express strong opinions on political issues - or any other matter - without fear of punishment by the government. Today鈥檚 decision confirms that our position was correct: Roselle Park had no grounds to issue fines for a political sign and the town鈥檚 use of its obscenity ordinance infringed upon fundamental rights protected by the First Amendment. It was an uncomplicated case.
This type of policing and silencing of speech has historically disproportionately impacted marginalized New Jerseyans and cannot go unchecked. Today鈥檚 decision is a victory for our client and for all New Jerseyans who have the right to express themselves freely under the First Amendment.鈥
Learn More About the 老熟女午夜福利 in This Press Release
Related Content
-
Press ReleaseDec 2025
Free Speech
Federal Court Orders Trump Administration To Restore Sevis Student Record For R眉meysa 脰zt眉rk. Explore Press Release.Federal Court Orders Trump Administration to Restore SEVIS Student Record for R眉meysa 脰zt眉rk
BOSTON 鈥 A federal district court today issued a preliminary injunction ordering the federal government to restore R眉meysa 脰zt眉rk鈥檚 SEVIS student record, which was unlawfully terminated in March by U.S. Immigration and Customs Enforcement. The court held that Ms. 脰zt眉rk was likely to succeed on her claim that the termination was arbitrary and capricious, and therefore violated the Administrative Procedure Act. SEVIS is a database administered by ICE and used to track foreign students, including those in F-1 student status like Ms. 脰zt眉rk. The reactivation of the SEVIS record will allow Ms. 脰zt眉rk to participate in employment and research experiences that are integral to her graduate studies. "My student SEVIS record was unlawfully canceled by the government for co-authoring an op-ed in which I advocated for equal dignity and humanity for all 鈥 and after eight long months, that record will now finally be restored,鈥 said R眉meysa 脰zt眉rk. 鈥淕oing through this brutality, which began with my unlawful arrest and 45 days of detention at a shameful for-profit ICE prison in Louisiana, I feel more connected to everyone whose educational rights are being denied 鈥 especially in Gaza, where countless scholars have been murdered and every university has been intentionally destroyed. Here in the US, it is truly sad how much valuable knowledge is currently being lost due to the widespread fear of punishment within the academic community. I hope one day we can create a world where everyone uses education to learn, connect, civically engage and benefit others 鈥 rather than criminalize and punish those whose opinions differ from our own. While I am grateful for the Court's decision, I still feel a great deal of grief for all the educational rights I have been arbitrarily denied as a scholar and a woman in my final year of doctoral studies. Nonetheless, this decision gives me hope, and I earnestly hope that no one else experiences the injustices I have suffered." In 2024, Ms. 脰zt眉rk co-wrote an op-ed in the Tufts Daily, her student newspaper, encouraging the administration to listen to the student body鈥檚 demands about the war in Gaza; a year later, the Trump administration arrested and detained her in retaliation for her speech. She was held in a for-profit ICE facility in Louisiana for 45 days before a federal judge released her on bail this spring. 鈥淓very day that Ms. 脰zt眉rk鈥檚 SEVIS record remained terminated was a day that the government continued to punish her for her constitutionally protected speech,鈥 said Jessie Rossman, legal director at the ACLU of Massachusetts. 鈥淎fter months of this unlawful, and unfair, treatment, we are grateful that her student record will now be reinstated. Ms. 脰zt眉rk came to Massachusetts as a scholar to study childhood development and the media, and we all benefit when she is able to fully participate in her doctoral program.鈥 鈥淚 am ecstatic that Rumeysa鈥檚 F1 SEVIS student record will finally be restored after the Trump Administration鈥檚 unlawful termination,鈥 said Mahsa Khanbabai of Khanbabai Immigration Law. 鈥淭his administration continues to weaponize our immigration system to target valued members of our communities by secretly revoking validly issued visas, terminating status without a lawful basis, and detaining people in inhumane for-profit ICE prisons. Our immigration laws should not be manipulated to silence students and scholars who advocate for an end to the Palestinian genocide. I look forward to the day when we have a just and impartial immigration court and the end of government overreach violating our First Amendment rights.鈥 The restoration of her SEVIS record is one important step toward justice for Ms. 脰zt眉rk. Her habeas case, which challenges her arrest and detention, is pending in the federal district court in Vermont. The government鈥檚 appeal of that court鈥檚 transfer order is pending before the Second Circuit Court of Appeals. Ms. 脰zt眉rk is represented in federal court by the 老熟女午夜福利, the ACLU of Massachusetts, the ACLU of Vermont, Mahsa Khanbabai of Khanbabai Immigration Law, The CLEAR Project at CUNY School of Law, and the law firm Emery Celli Brinckerhoff Abady Ward & Maazel LLP. Read the order here.Court Case: 脰zt眉rk v. TrumpAffiliates: Massachusetts, Vermont -
Court CaseDec 2025
Free Speech
Foia Request For Dhs Records On Practices Regarding Persons Who Record Immigration Or Law Enforcement Activity And/or Publish Information. Explore Case.FOIA Request for DHS Records on Practices Regarding Persons Who Record Immigration or Law Enforcement Activity and/or Publish Information
Status: Ongoing -
Press ReleaseDec 2025
Free Speech
Scotus Should Protect Organizations From State Subpoenas That Chill Free Speech, Aclu Argues. Explore Press Release.SCOTUS Should Protect Organizations from State Subpoenas That Chill Free Speech, ACLU Argues
WASHINGTON, D.C. 鈥 Today, the Supreme Court will hear arguments in First Choice Women鈥檚 Resource Centers, Inc. v. Platkin about when organizations can ask federal courts to review state investigatory subpoenas that they claim chill their First Amendment rights. In September, the 老熟女午夜福利 and the ACLU of New Jersey joined an amicus brief authored by the Foundation for Individual Rights & Expression (FIRE) in support of the right to seek federal relief. 鈥淓ven before they鈥檙e enforced, law enforcement subpoenas seeking sensitive donor information threaten to scare away supporters essential to any nonprofit鈥檚 work,鈥 said Brian Hauss, deputy project director of the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淎t a time when government officials throughout the country abuse regulatory powers to punish their ideological opponents, federal courts must remain a venue in which people can vindicate their First Amendment rights.鈥 In 2023, New Jersey Attorney General Platkin issued subpoenas under the state鈥檚 consumer protections laws to First Choice Women's Resource Centers, a nonprofit that runs anti-abortion crisis pregnancy centers, seeking wide-ranging information including the identity of donors. First Choice challenged the subpoenas in federal court, arguing that the information sought chilled its First Amendments rights to speech and association. The Third Circuit dismissed First Choice鈥檚 claims, saying it could not assert its First Amendment rights in federal court until the state enforced the subpoena in state court. 鈥淲hile the ACLU of New Jersey advocates for different policy outcomes than the plaintiff in this case, we are on the same page that investigatory subpoenas seeking sensitive information put all advocacy at risk,鈥 said Jeanne LoCicero, legal director of the ACLU of New Jersey. 鈥淔ederal court should remain open to anyone who believes their First Amendment rights are being violated, regardless of viewpoint.鈥 The FIRE/ACLU brief argues that law enforcement subpoenas seeking sensitive donor information threaten to chill protected speech and association, even before they are enforced. To ensure that these investigatory tools are not abused to retaliate against the ideological opponents of those in office, federal courts must promptly review claims that law enforcement subpoenas violate the First Amendment. The amicus brief was filed in August. It can be read here. This matter is a part of the ACLU鈥檚 Joan and Irwin Jacobs Supreme Court Docket.Affiliate: New Jersey -
Press ReleaseDec 2025
Free Speech
Aclu Urges Supreme Court To Protect Free Expression Online In Copyright Case. Explore Press Release.ACLU Urges Supreme Court to Protect Free Expression Online in Copyright Case
WASHINGTON, D.C. 鈥 Today, the Supreme Court will hear oral arguments in Cox v. Sony, a landmark copyright case. An amicus brief by the 老熟女午夜福利, the ACLU of Virginia, and the Center for Democracy and Technology, working with leading copyright scholars and attorneys, urges the court to limit copyright penalties imposed on internet service providers (ISPs) for alleged user behavior. The Court is reviewing a decision by the Fourth Circuit that would force ISPs to shut off Internet access for any IP address based on a copyright holder鈥檚 mere accusation that it has been used to infringe a copyright. In practice, this could shut off Internet access for entire families, businesses, hotels, airports, and libraries because of the alleged actions of one user. This kind of collective punishment has troubling implications for online speech. 鈥淭his case is bigger than one company paying penalties to another,鈥 said Evelyn Danforth-Scott, staff attorney with the 老熟女午夜福利. 鈥淭his is about incentivizing service providers to shut off internet access first and ask questions later. In our increasingly connected and digital world, where we use the Internet to speak, listen, research, and create, that threatens all of our First Amendment rights.鈥 鈥淔irst Amendment interests are especially at risk when secondary liability is applied to an Internet service provider like Cox because of how they operate,鈥 said Jennifer Granick, surveillance and cybersecurity counsel with the ACLU鈥檚 Speech, Privacy, and Technology Project. 鈥淪ince the Internet service provider can鈥檛 remove individual pieces of copyright infringing material moving through their system, they're forced to terminate entire accounts, blocking anyone using that IP address from using the Internet. The Court should limit the scope of contributory copyright liability to make sure Americans aren鈥檛 unjustifiably blocked from getting online." The brief urges the Court to adopt the same contributory liability rules that apply in other contexts to preserve the free speech rights of distributors of speech. In Smith v. California, for example, the Court determined that imposing criminal liability on a bookstore for selling obscene books would incentivize them to stringently self-censor, stripping the shelves bare to avoid any potential fines or punishment. A similar theory is at play in Cox Communications v. Sony Music, where ISPs may be incentivized to bar users from the Internet based merely on an unproved accusation of illegal activity. Several record companies and music publishers, including Sony Music Entertainment, sued Cox Communications, an Internet service provider, in 2018 for not kicking users off their services for allegedly using music pirating services like BitTorrent. A jury awarded the plaintiffs a billion dollars in damages, and in 2024, the Fourth Circuit Court of Appeals affirmed in part: It held that Cox Communications was liable for contributory copyright infringement because it hadn鈥檛 taken enough steps to disconnect users who were allegedly downloading pirated works. Cox is asking the Supreme Court to reverse that decision. Oral arguments in Cox v. Sony take place today. The brief, filed in September by the 老熟女午夜福利, the ACLU of Virginia, and the Center for Democracy and Technology, represented by co-counsel Lex Lumina LLP, Professors Rebecca Tushnet, Mark Lemley, and Chris Springman, can be viewed here. This case is a part of the ACLU鈥檚 Joan and Irwin Jacobs Supreme Court Docket.Court Case: Cox Communications, Inc. v. Sony Music EntertainmentAffiliate: Virginia