A New Jersey woman has won an appeal to keep her ‘F**k Biden’ banner just over a week after a local judge ordered her to remove it or be fined $250 a day.
Andrea Dick, 54, hung 10 pro-Trump signs on her home in Roselle Park, where she lives with her mother, including the former president who held out two middle fingers over the words “F**k Biden.”
Early last week, County Court judge Gary Bundy ordered Dick to remove three of the 10 signs or face a $250 daily fine for violating local public obscenity laws.
But Judge Bundy’s ruling was vacated by the state’s Supreme Court on Tuesday after the ACLU got involved and warned that Bundy’s edict violated Dick’s First Amendment right to free speech.
The Civil Liberties Organization challenged the original ruling, with the consent of the New Jersey Supreme Court.
Two of the signs that put Andrea Dick in hot water are pictured – both showing the phrase ‘F**k Biden’
Pro-Trump supporter Andrea Dick told The New York Times she feels ‘great’ after the New Jersey Supreme Court sided with her and forced her to remove her signs infringing on her First Amendment rights
“I feel great,” Dick told The New York Times after the New Jersey Supreme Court vacated the local judge’s order. ‘I’m glad it’s over’
‘I feel great’, said Dick The New York Timess. “I’m glad it’s over.”
Tensions have been high in Roselle Park — a town about 24,000 22 miles outside of Manhattan — since Dick raised the banners on Memorial Day over her continued refusal to accept Joe Biden’s 2020 election victory.
As the issue gained more press coverage, she received more threatening phone calls and hate mail from even California, North Carolina, and Texas.
ACLU-NJ Executive Director Amol Sinha said in a: pronunciation that the First Amendment exists “specifically to ensure that people can express strong opinions on political issues – or any other issue for that matter – without fear of government punishment” and this decision confirms that.
“Roselle Park had no reason to impose fines for a political sign and the city’s use of the obscenity ordinance that violated the fundamental rights protected by the First Amendment. It was an uncomplicated affair.’
The banners have been hanging on Roselle Park’s home since May, but they angered neighbors who took offense at the profanity and Dick’s close proximity to a school.
In a statement to the New York Times, Jarrid H. Kantor, the county attorney, said Roselle Park stood by the subpoena and agreed with Judge Bundy’s decision, but the pending lawsuits will bring unwarranted attention and taxpayers’ money.
Mayor Joseph Signorello III, a Democrat, told The Times it was a “moral loss” for Roselle Park and said the signs are “objectionable.”
“You can’t regulate decency,” the mayor said, “and I think that’s a sad reality.”
Dick hangs a 2020 Trump sign on her car parked in the driveway of her Roselle Park home
Dick is a diehard Trump supporter with signs and banners all over her house and car
ACLU-NJ challenged the local judge’s order to remove the signs and won. This is the full statement from the ACLU
Fellow Trump supporters stand behind Andrea Dick and her right to display Trump banners on her New Jersey property
This isn’t the first case of a community torn apart by swearing political statements.
In early July, Dwayne Cole — the mayor of Munford, Tennessee — said a city dweller holding a flag that read “f**k Biden and f**k you for voting for him” was protected speech but that a similar sign would violate local laws and should be removed.
In March, a resident of Jackson, Michigan, began flying a similar profane flag.
While some courts resent adults exposing children to profanity, the non-sexual context of the f-word on the flag may deter judges from interpreting the message as obscene, Ken Katkin, a law professor at Northern Kentucky University, told me. The Washington Examiner.
In Erie, Pennsylvania, a man named Jim Greenawalt waved the same flag from his own porch and was allowed to hold it high for free speech. That reports YourErie.com. Neither Greenawalt nor Munford’s husband have any plans to remove their flags.
A lawyer told the aforementioned website that the Greenawalt flag is legal as long as it does not obstruct municipal functions or incite violence through hate speech.