Critics say bill targeting pop-up parties would stifle protestors’ rights

By SOPHIE NIETO-MUNOZ
Republished with permission from New Jersey Monitor

Progressive activists argue that a bill sitting on Gov. Phil Murphy’s desk that targets disruptive pop-up parties at the Jersey Shore would instead threaten First Amendment rights.

Lawmakers unanimously approved the bill that would toughen penalties for inciting public brawls last month, but critics argue the bill is written so vaguely that it would punish more people than intended.

“The way it’s worded, there’s many ways that people could use that to go after our First Amendment rights, especially protest rights. That’s the easiest way to put it,” said Jim Sullivan of the American Civil Liberties Union of New Jersey.

Sullivan said the language in the bill is particularly alarming amid crackdowns from the federal government on free speech, pointing to the case of Mahmoud Khalil, a legal permanent resident jailed and facing deportation over his anti-Israel protests at Columbia University last spring. 

“At a time when almost all of our civil rights and liberties are under an attack that we haven’t seen in generations, it seems to me that legislators should be rushing to put amendments on their bill to protect First Amendment rights in this environment,” he said. “I’m really confused as to why it hasn’t happened yet.” 

Sen. Declan O’Scanlon, R-Monmouth, said he’s “extraordinarily skeptical” of those concerns. If there’s a clamp down on protestors because of this bill, he’ll sponsor legislation to address those concerns, O’Scanlon said. 

“I’m not really worried,” he said. “The presumption that we’re going back to the ‘60s when maybe you did have police looking for a reason to go after protestors — I just don’t see that in New Jersey. I don’t know any police departments itching for a fight to take on protestors.” 

The measure was one of a handful of bills lawmakers introduced in response to pop-up parties, which have drawn hundreds of teens and young people to certain events, often leading to fights and overwhelming local law enforcement.

Over Memorial Day weekend last year, Wildwood officials declared a state of emergency over “civil unrest,” and in Ocean City, a 15-year-old was stabbed after hordes of teens got into a fight on the boardwalk. In October, a haunted hayride in Collingswood was shut down after fights broke out between about 200 juveniles. 

The measure sitting on Murphy’s desk would allow authorities to jail someone convicted of inciting a public brawl — defined as organizing a group of four or more people to engage in disorderly conduct. People would also face penalties for concealing their identity or causing a disturbance at a public event. 

Sullivan said he understands the problem legislators are trying to solve with the bill, but their tough-on-crime solution is not the answer. He hopes Murphy sends the bill back to lawmakers so it can be amended to include specific protections for protest rights. 

“They want to get this done before the summer season starts, when they think more trouble is going to happen, but even then, there’s still enough time to put guardrails on it,” he said.