From Montmouth County (N.J.) Superior Court Judge Michael Guadagno's opinion in State v. Metcalfe, decided in Oct. 2024 but just affirmed earlier this month by the New Jersey intermediate appellate court. Neither court discussed whether the speech fits within an existing First Amendment exception, such as for "fighting words" (face-to-face personal insults that are likely to cause a fight).
Asbury Park Police Officer Ahmed H. Lawson testified that … he was on foot patrol … when he observed defendant talking with a security guard, Simon, who had just escorted defendant out of the [Capitoline Restaurant]. Police Officer Joseph Swansinger was standing next to Simon [by a crowd of people waiting to enter]. When Lawson stopped to talk with Swansinger, Simon was explaining to defendant why he could not be readmitted to the Capitoline. During this conversation, defendant turned to Lawson and said he felt sorry for him because he was compromising his integrity by listening to a white police officer (Swansinger is white; Lawson and defendant are black)[:]
{Brother I'm so sorry. I am so sorry that you have to deal with this shit. Here, here in this fucking County. I'm so sorry. Cause you know what, it's not even your fault. You literally even have to deal with his ass (pointing to Swansinger). This for you to get a fucking raise or anything like that too. It fucking makes no sense either. But you know what? I just want to let you know I apologize to you. You don't have to apologize to him. You don't have to apologize to nobody out here. It sucks though. For you to even speak up for that right because of this white motherfucker right here.}
Lawson testified that defendant had slurred speech and was "clearly intoxicated." He noticed that defendant's actions were drawing the attention of some of the people in the area because of what defendant was saying. As a result, Lawson told defendant he was being disorderly and asked him to leave. Defendant began to leave and walked across the street but came back and began to address Lawson in an "obnoxious" and "belligerent" fashion, calling him a "house nigger." {"You know what we call you back in my home? The House Nigger. Want to know why? Because whatever he does (pointing at Swansinger) it don't matter."}
Lawson again told defendant he was being disorderly and asked him to leave. Lawson testified that it was not his intention to arrest defendant, but when he refused to leave, defendant was arrested for disorderly conduct. On cross-examination, Lawson testified he was not upset when defendant called him a "house nigger." …
The relevant statute, N.J.S.A. 2C:33-2, provides
