New Jersey v. Burkert

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William Burkert and Gerald Halton were corrections officers, who held positions in different unions representing distinct classes of officers. Their relationship became strained after Burkert read online comments attributed to Halton’s wife that Burkert felt insulted him and his family. Angered by the insulting online comments, Burkert retaliated by downloading the Haltons’ wedding photograph, copied it and made two flyers, writing lewd dialogue in speech bubbles over the faces of the bride and groom. Halton testified that when he arrived at the employee garage of the Union County Jail and saw papers “blowing all over the place.” He picked one up and discovered Flyer #1. The next day, when Halton arrived at work, a sergeant handed him Flyer #2, which the sergeant had found in the area of the officers’ locker room. Halton identified the handwriting on both flyers as Burkert’s. Halton was engaged in union negotiations, a lieutenant handed him Flyer #2, stating, “This came out the other night.” Halton indicated that he “was a mess in negotiations,” went home, and never returned to work. Halton explained that he felt embarrassed and concerned for his safety and received psychological counseling and treatment. Ten months after the flyer incidents, Halton filed criminal harassment charges against Burkert. During the county’s investigation into the flyers, Burkert admitted that he had prepared the flyers but denied circulating them. Though a municipal court found Burkert guilty of harassment, a panel of the Appellate Division reversed Burkert's conviction, finding the commentary added to the wedding photograph as constitutionally protected speech. The panel also found that the vulgar commentary on the flyers did not constitute criminal harassment. The New Jersey Supreme Court affirmed: "Burkert’s intent to annoy was not a crime, and he did not engage in the type of repetitive acts contemplated by the statute. Therefore, Burkert is not guilty of a petty disorderly persons offense, although he may be subject to workplace discipline or a civil tort action. The language on the flyers, despite its vulgarity and meanness, is constitutionally protected from a criminal prosecution for harassment." View "New Jersey v. Burkert" on Justia Law