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IN RE ATTORNEY GENERAL'S DIRECTIVE

A-47 September Term 2008.

981 A.2d 64 (2009)

200 N.J. 283

In re ATTORNEY GENERAL'S "DIRECTIVE ON EXIT POLLING: MEDIA AND NON-PARTISAN PUBLIC INTEREST GROUPS," ISSUED JULY 18, 2007 (A-47-08).

Supreme Court of New Jersey.

Decided September 30, 2009.

Attorney(s) appearing for the Case

Frank L. Corrado, Wildwood, argued the cause for appellant American Civil Liberties Union of New Jersey (Barry, Corrado, Grassi & Gibson and Edward L. Barocas, Director of American Civil Liberties Union of New Jersey, attorneys; Mr. Corrado and Mr. Barocas, on the briefs).

Larry R. Etzweiler, Senior Deputy Attorney General, argued the cause for respondent Attorney General of New Jersey (Anne Milgram, Attorney General, attorney; Nancy Kaplen and Lewis A. Scheindlin, Assistant Attorneys General, of counsel; Mr. Etzweiler and Jason S. Postelnik, Deputy Attorney General, on the briefs).

Flavio L. Komuves, Deputy Public Advocate, argued the cause for amicus curiae Public Advocate of New Jersey (Ronald K. Chen, Public Advocate, attorney; Mr. Komuves, Brian Weeks, Deputy Public Advocate, and Fenix A. Manning-Bowman, Assistant Deputy Public Advocate, on the brief).

Justice ALBIN delivered the opinion of the Court.

The American Civil Liberties Union of New Jersey (ACLU) challenges both an Attorney General directive, which requires those conducting exit polling to register with election officials two weeks before an election, and the Attorney General's denial of the ACLU's request to distribute so-called "voting-rights cards" within 100 feet of a polling place. In our view, the true issue is whether all expressive activities...

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