Barry Albin

Court Crafts Harassment Standard in 'Puerile' Flyer Case

The court said that while the defendant's actions were “unprofessional, puerile and inappropriate,” the conduct was protected by the First Amendment.

December 19, 2017 at 04:43 PM

1 minute read

By Michael Booth | Updated on December 19, 2017
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Barry Albin Justice Barry Albin.

The New Jersey Supreme Court, filling gaps in a criminal harassment statute it says is too vague as written, ruled Tuesday that the criminal conviction of a corrections officer who added offensive comments to a co-worker’s wedding photos and posted them as flyers cannot stand.

Justice Barry Albin, writing the majority opinion in State v. Burkert, said that while defendant William Burkert’s actions were “unprofessional, puerile and inappropriate,” the conduct was protected by the First Amendment, and it affirmed an appeals court ruling that overturned his conviction on two counts of harassment.

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