CJ Griffin Discusses Proposed Bill That She Says Violates the First Amendment

CJ Griffin, partner and director of the Justice Gary S. Stein Public Interest Center at Pashman Stein Walder Hayden P.C., recently discussed with multiple media outlets a proposed New Jersey bill that she and other transparency advocates say violates First Amendment. As a result of advocates like Griffin flagging the First Amendment violation in the proposed bill (a single section of Assembly Bill A2218 and Senate Bill 2260), the sponsors agreed to amend the bill and pull it from a vote. Griffin serves as general counsel to the New Jersey Press Association, who also opposed the provision of the bills.

“I’m an LGBT person, so I’m sensitive to the fact that there’s a good intention behind it to protect people that are having a difficult time accessing reproductive health services and transgender care. But you can’t unconstitutionally punish speech that you don’t like. You have to adhere strictly to the Constitution, and like any bill that unconstitutionally punishes speech, it can end up backfiring on you yourself. I get that lawmakers have constituents that are pushing very hard for this. But their biggest constituent needs to be the Constitution,” Griffin told the New Jersey Monitor. She said she supports the intent of the bill but agrees that the contested section cannot stand.

“I know many people will be disappointed to see any part of it challenged or delayed. But the ultimate constituent has to be the Constitution. This provision is unconstitutional because it seeks to impose civil and potentially criminal penalties on protected speech,” Griffin told the Jersey Vindicator.

Griffin expressed concern that even if a court ultimately strikes down or narrows the language to comply with the First Amendment, it will chill speech in the meantime.

“Someone will have to be dragged into court, bear the expense, and prove that the law cannot constitutionally be applied to their speech,” she said.

“This ‘vague’ language opens the media as well as private citizens to civil penalties for speaking or making unflattering statements they believe to be true about a medical provider, a patient or anyone associated with these services,” Griffin told NJ.com.

To read the article, “NJ Reproductive Health Bill Raises First Amendment Concerns” in The Jersey Vindicator, click here.

To read the article, “N.J.’s New Abortion Rights Bill has a Big Problem: It violates the First Amendment, Critics Say” in NJ.com, click here.

To read the article, “First Amendment Debate Erupts Over Reproductive, Transgender Healthcare Bill” in the New Jersey Monitor, click here.