by Fred Sisto | May 10, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: Defendants do not quarrel with this proposition. Again, Defendants must be able to rebut the presumption that the challenged conduct is constitutionally protected by “demonstrating that the regulation is consistent with this Nation’s historical...
by Fred Sisto | May 8, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: For the reasons set forth above, the Court finds that at this stage of the proceeding the individual Plaintiffs have made a sufficient showing of standing. The Court therefore turns to the requirements under Federal Rule of Civil...
by Fred Sisto | May 6, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
Judge Bumb continued: Absent a concession by Defendants that they do not intend to enforce the newly enacted legislation, Plaintiffs have averred credible threats of prosecution. Indeed, as Plaintiffs point out, every indication is that the State of New Jersey intends...
by Fred Sisto | May 4, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: The Court need not get bogged down in knowing how frequently each Plaintiff checks books out of his local library or who is more of a movie-goer. Instead, Plaintiffs have shown an immediate threat if they were to resume carrying their...
by Fred Sisto | May 2, 2023 | Blog, Criminal Law, Monmouth County, New Jersey, Ocean County
The District Court continued: The Court notes, however, that the Supreme Court has cautioned that “the proof required to establish standing increases as the suit proceeds.”8 [Id.] Defendants contend that the Plaintiffs fail to substantiate or even allege concrete...