Civil rights advocates call new state law a serious threat to freedom

Almost five years to the day after an army of law enforcement, including U.S. Secret Service agents, Park Police, and National Guardsmen dressed in riot gear, violently dispersed thousands of peaceful protesters assembled in a park across from the White House, so that President Donald Trump cold visit St. John’s Church for a photo op holding a Bible, Governor Phil Murphy put his signature on a new law that makes "inciting a public brawl" a crime punishable by up to 18 months in prison and fines of $10,000.

Supporters say it is necessary to curb the kind of unruly gatherings that have erupted in recent years—spontaneous, often violent youth parties that overwhelm local police. But critics warn that the law’s broad language could be used not just against rioters, but against protesters, activists, and ordinary citizens exercising their constitutional rights.

The bill’s sponsors, Assemblyman Dan Hutchison and Assemblywoman Carol Murphy, argue it is a targeted response to disorder.

"If you incite a public brawl, you will be held accountable," declared Hutchison, who was the Republican candidate for Congress against Rob Andrews in 2004, before he switched parties and got elected to five terms as a member of the Gloucester Township Council as a Democrat.

Yet civil liberties advocates see something far more troubling. The American Civil Liberties Union of New Jersey, alongside the New Jersey chapter of the Council on American-Islamic Relations (CAIR-NJ) and dozens of other organizations, urged the governor to veto the bill outright, calling it a threat to free speech and peaceful assembly.

Progressive Democrat Lisa McCormick was among the most vocal opponents of the measure that could criminalize public gatherings that aim to challenge injustice or advocate for change.

"We are living in a moment in which freedom is under attack," said McCormick, drawing a direct line between this legislation and the heavy-handed policing seen under the Trump administration.

She pointed to the infamous clearing of Lafayette Square in 2020, when federal stormtroopers in riot gear used tear gas and rubber bullets to disperse peaceful demonstrators so the president could stage a photo opportunity.

"This bill began as an attempt to deal with unruly teens, but it has ballooned into legislation that could embolden authoritarianism," said McCormick.

"Police in the U.S. kill more than a thousand people every year," said McCormick, "and we have a lawless government that is threatening the lives and freedom of millions more of our citizens. We need a vague law to arbitrarily criminalize ordinary people, like we need another pandemic."

Murphy did amend the bill before signing it, stripping out language that would have criminalized speech that "offends the sensibilities of a hearer." But civil rights groups say the revised version still leaves too much room for abuse.

"Cloaked in the language of public safety," said CAIR-NJ’s Maheen Mumtaz, "this legislation introduces pathways to criminalize protest and suppress dissent."

The law is now in effect. Its enforcement must be watched closely by those who believe it will restore order, and by those who fear it will erode liberty.