In a published opinion, the New Jersey Appellate Division found that an amendment to the state’s endangerment statute pertaining to child erotica is unconstitutionally vague and overbroad and at odds with three U.S. Supreme Court opinions.

“With limited exceptions that do not apply to this case, the First and Fourteenth Amendments to the U.S. Constitution prohibit a State from passing any law that abridges free speech,” Judge Mary Gibbons Whipple wrote for the court. “This protection is not ‘confined to the expression of ideas that are conventional or shared by a majority.’ A law that prohibits protected speech, no matter how abhorrent and distasteful society considers that speech, is overbroad and cannot stand.”

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