Statement from N.J. Press Association
(Delivered to the SGA Legislature 1/30 by Lauren James)
Issue date: 1/31/08 Section: Opinion
The following is a letter delivered by Lauren James, a representative of the New Jersey Press Association. This letter was read in the first general legislative meeting of the Student Government Association on Jan. 30, 2008.
I am an attorney with the law firm of Scarinci and Hollenbeck and we serve as the General Counsel for the New Jersey Press Association (NJPA). The NJPA is a non-profit organization incorporated in 1857 under the laws of the State of New Jersey. Its membership includes 21 daily newspapers, over 160 weekly newspapers as well as corporate and individual associate members.
What the Student Government Associ-ation is doing directly offends the core NJPA principles of insuring that newspapers remain editorially strong and free. The newspapers of New Jersey have a direct and immediate interest in the Student Government Association's silencing of legitimate questions raised by The Montclarion relating to the Open Public Meetings Act and its application to the Student Government Association. The NJPA considers the actions taken by the Student Government Association to be significant to the NJPA, its membership and the public that its membership serves.
The actions of the Student Government Association infringe on The Montclarion's right to freedom of speech guaranteed by our state constitution. Our appellate division has made clear that the New Jersey Constitution's right of free speech is broader than the right against governmental abridgment of speech found in the first amendment. (Dendrite.)
Our Supreme Court has stated that a New Jersey citizen's right of free speech is protected not only from abridgment by government but also from unreasonably restrictive and oppressive conduct by private entities. (New Jersey Coalition Against War in the Middle East.) Therefore, regardless of whether the Student Government Association is a private entity or an arm of the government, our state constitution protects The Montclarion against the actions of the association which infringe on the free speech rights of the paper.
I am an attorney with the law firm of Scarinci and Hollenbeck and we serve as the General Counsel for the New Jersey Press Association (NJPA). The NJPA is a non-profit organization incorporated in 1857 under the laws of the State of New Jersey. Its membership includes 21 daily newspapers, over 160 weekly newspapers as well as corporate and individual associate members.
What the Student Government Associ-ation is doing directly offends the core NJPA principles of insuring that newspapers remain editorially strong and free. The newspapers of New Jersey have a direct and immediate interest in the Student Government Association's silencing of legitimate questions raised by The Montclarion relating to the Open Public Meetings Act and its application to the Student Government Association. The NJPA considers the actions taken by the Student Government Association to be significant to the NJPA, its membership and the public that its membership serves.
The actions of the Student Government Association infringe on The Montclarion's right to freedom of speech guaranteed by our state constitution. Our appellate division has made clear that the New Jersey Constitution's right of free speech is broader than the right against governmental abridgment of speech found in the first amendment. (Dendrite.)
Our Supreme Court has stated that a New Jersey citizen's right of free speech is protected not only from abridgment by government but also from unreasonably restrictive and oppressive conduct by private entities. (New Jersey Coalition Against War in the Middle East.) Therefore, regardless of whether the Student Government Association is a private entity or an arm of the government, our state constitution protects The Montclarion against the actions of the association which infringe on the free speech rights of the paper.
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