New Jersey Funeral Disruption Laws: What You Need To Know

Funerals are a solemn time for families to mourn the loss of loved ones. However, in recent years, some groups have purposely disrupted funerals as a form of protest. This caused New Jersey to pass laws making it a disorderly persons offense to disrupt funerals. Let’s take a look at what the law says and what it means.

What Does The Law Say?

In 2006, New Jersey passed Section 2C:33-8.1 of the New Jersey Code of Criminal Justice. This law created a new disorderly persons offense for disrupting funerals. The law defines “funeral” as the ceremonies and memorial services held in connection with the burial or cremation of the dead.

Under 2C:33-8.1, a person commits a disorderly persons offense if they purposely disrupt a funeral. The disruption must occur during the period beginning one hour before and ending one hour after the scheduled start of the funeral.

Some examples of disrupting a funeral include:

• Making loud noises that disturb the funeral
• Displaying images that are not part of the funeral
• Blocking access to the funeral site
• Engaging in a physical confrontation at the funeral site

There are also enhanced penalties if the disruption involves violence or results in the funeral being canceled or postponed. Violations are disorderly persons offenses, which can carry fines up to $1,000 and jail time up to 6 months.

What Are The Pros And Cons?

Funeral disruption laws like 2C:33-8.1 have been controversial across the country. Here are some of the key pros and cons:

Potential Pros:

• Protects the privacy and emotional wellbeing of grieving families
• Allows funerals to proceed with dignity and respect
• Upholds the sanctity and solemnity of funeral proceedings
• Prevents offensive speech at a captive, vulnerable audience
• Sets reasonable time, place, and manner restrictions on speech

Potential Cons:

• Infringes on free speech and protest rights
• Sets a “heckler’s veto” by banning speech that offends
• Restricts speech in traditional public forums like streets and sidewalks
• Laws are vague on what constitutes disruption
• Sets a slippery slope for banning other offensive speech

As you can see, these laws tread a fine line between competing interests. New Jersey tried to tailor the law narrowly to balance these interests.

What Defenses Are Available?

There are some potential defenses available for funeral disruption charges:

• Freedom of Speech – Defendants may argue the law violates First Amendment free speech protections. However, the law is limited to the specific time and place of funerals.
• Vagueness – The definition of “disrupt” may be challenged as unconstitutionally vague. However, the law gives examples of prohibited conduct.
• Content Neutral – The law aims to allow funerals to proceed undisturbed, not suppress certain messages.
• Ample Alternatives – Protesters have ample alternative times and places to express their message without disrupting funerals.
• Compelling Interest – The state has a compelling interest in protecting the privacy and emotional repose of grieving families.

While these defenses have succeeded in some cases, New Jersey courts have generally upheld funeral protest laws as constitutional. Defendants will need experienced criminal defense counsel to evaluate the specific circumstances of their case.

What’s The Takeaway?

New Jersey has passed a narrowly tailored law to prevent disruptive protests at funerals. The law balances free speech rights with the need to protect grieving families during an emotional time. Reasonable restrictions on the time, place and manner of speech have generally been upheld.

However, the law is not unlimited – it focuses on conduct that actually disrupts funeral services. Peaceful protests that don’t disturb the funeral itself may still be protected speech. Anyone charged with violating Section 2C:33-8.1 should consult an attorney to review the specific facts and explore all possible defenses. With proper legal guidance, they can work to safeguard their constitutional rights.