A brief prepared by Assemblyman John Rafferty and Samuel Pesin, citing arguments that the former’s so-called anti-Nazi bill is constitutional, was received late last night by the State Senate at Trenton.
The bill was passed by the Assembly two weeks ago, but widespread opposition has kept it in the Senate committee. Arguing that the measure in no way hinders the constitutional rights of freedom of speech or the press, the brief maintains that similar legislation has been sustained by courts here.
The brief states: “In effect, the purpose of the bill is to prohibit libel against a racial or religious group. The law as it now stands makes a libel against an individual a criminal offense. This bill in effect makes it a criminal offense to libel a racial or religious group. Certainly the latter object is more conducive to the protection of the tranquility and peace of the community and to the general welfare, and clearly comes within the police power of the legislature. When it is considered that the object of this bill is to insure domestic tranquility, general welfare and to avoid violence and breaches of the peace, it is manifest that it is within the police power of the legislature to enact it.”
The legislature continues in session Tuesday and Wednesday morning and then adjourns until after May 15.
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