Asbury Park Police Force Man to Remove ‘Obscene’ Trump Yard Sign

For context, the relevant statute is New Jersey Revised Statutes, Section 2C:34-4. It is titled “Public communication of obscenity” and its text reads as follows:

a. “Publicly communicate” means to display, post, exhibit, give away or vocalize material in such a way that its character and content may be readily and distinctly perceived by the public by normal unaided vision or hearing when viewing or hearing it in, on or from a public street, road, thoroughfare, recreation or shopping center or area, public transportation facility or vehicle used for public transportation.

b. A person who knowingly publicly communicates obscene material, as defined in section 2C:34-3 or causes or permits it to be publicly communicated on property he owns or leases or operates is guilty of a crime of the fourth degree.

c. Public communication of obscene material shall constitute presumptive evidence that the defendant made the communication or caused or permitted it to be made knowingly.

“Obscene material” is defined in Section 2C:34-3 as follows:

(1) “Obscene material” means any description, narrative account, display, or depiction of [demonetized word] activity or anatomical area contained in, or consisting of, a picture or other representation, publication, sound recording, live performance, or film, which by means of posing, composition, format or animated [demonetized word] details:

(a) Depicts or describes in a patently offensive way, things that if I wrote them here would instantly demonetize this video so many times over 😂

(b) Lacks serious literary, artistic, political, or scientific value, when taken as a whole, and
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(c) Is a part of a work, which to the average person applying contemporary community standards, has a dominant theme taken as a whole, which appeals to the prurient interest.

In light of (1)(b) it is surprising that the signs were not exempt. Real World Police has contacted two prominent New Jersey civil liberties attorneys for comment, and will update with any relevant insights they might have into this incident.

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