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STATE v. HIGGINBOTHAM

DOCKET NO. A-2548-21.

291 A.3d 1164 (2023)

475 N.J. Super. 205

STATE of New Jersey, Plaintiff-Respondent, v. Andrew HIGGINBOTHAM, Defendant-Appellant.

Superior Court of New Jersey, Appellate Division.

Decided March 24, 2023.

Attorney(s) appearing for the Case

Diane DePietropaolo Price , Assistant Deputy Public Defender, argued the cause for appellant ( Joseph E. Krakora , Public Defender, attorney; Alison Gifford and Taylor L. Napolitano , Assistant Deputy Public Defenders, and Diane DePietropaolo Price, of counsel and on the briefs).

Jason Magid , Assistant Prosecutor, argued the cause for respondent ( Grace C. MacAulay , Camden County Prosecutor, attorney; Jason Magid, of counsel and on the brief).

Mercedes N. Robertson , Deputy Attorney General, argued the cause for amicus curiae Attorney General of New Jersey ( Matthew J. Platkin , Attorney General, attorney; Mercedes N. Robertson, of counsel and on the briefs).

Before Judges Whipple, Mawla and Marczyk.

The opinion of the court was delivered by

With limited exceptions that do not apply to this case, the First and Fourteenth Amendments to the U.S. Constitution prohibit a State from passing any law that abridges free speech. U.S. Const. amends. I and XIV. This protection is not "confined to the expression...

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