Christopher D. Thieme v. New Jersey
DueProcess FirstAmendment Patent Privacy JusticiabilityDoctri
Is New Jersey's 'cyber-harassment' statute constitutionally invalid?
QUESTIONS PRESENTED FOR REVIEW 1.) Is New Jersey's: "cvber-harassment" statute, N.J.S.A. 2C:33-4.1,. constitutionally invalid because it lacks a scienter requirement and relies on a "reasonable person" standard which dilutes the burden of proof and violates . ’ due process in the wake of Elonis v. United States, 575 U.S. 723 (2015). : _ 2.) Is New Jersey's "cvber-harassment". statute constitutionally invalid for . being “overbroad” and because of statutorily undefined terms proscribing "lewd, indecent, and obscene material" and the causing of “emotional harn!' that are impermissibly vague and criminalize too wide a swath ; of protected expression? 3.) What is the definition of "lewd, indecent, and obscene material" and the boundaries of obscenity in the internet age? Could this specific statutory . language in a state criminal statute survive free speech and due process scrutiny given this Court's holdings in FCC _v. Fox, 556 U.S. 502 (2009), Reno ~ ov. ACLU, 524 U.S. 844 (1997), and Sable Commmications v. FCC, 492 U.S. 115 . ~ (1989)? 4.) Is the publishing online of libellous material directed to the general _ public that neither directly harasses the victims so libelled or makes any threatening communication "protected expression"? How does the publishing of said, libellous ‘material as a public blog post online differ from a printed flier, a tell-all book, or other protected media, to permit the State of New . Jersev to criminalize it chiefly because it is an online utterance? Cf. Joseph Burstyn, Inc. v. Wilson, 343 U.S. 495, 502 (1952). / ' 5.) If a defendant facing sentencing is not provided with "victim impact statements" to either review himself and/or with counsel before sentencing but then those same victim impact statements are subsequently read several times and heavily considered by the sentencing judge, is this defendant denied a : meaningful opportunity to allocate or confront the material pursuant to the protections of the Due Process and Confrontation clauses? .