New bills circulating in New Jersey may criminalize pro-life activism on the grounds of inflicting “emotional harm” on others.
The bills, A2218 and S2260, block protesters from engaging in behaviors that may be perceived as intimidating.
According to the legislation, “A person is guilty of interference with reproductive health care services” if they “purposely or knowingly” cause “a reasonable person to suffer damage to the person’s business or personal reputation, financial harm, or pain and suffering, mental anguish, or emotional harm on the basis that the person, entity, or facility provides, volunteers, assists with, or receives reproductive health care services.”
If the conduct “would cause a reasonable person to be intimidated,” then the individual is “guilty of interference,” the bill adds.
“The civil penalty imposed on each actor shall not exceed $10,000 for a first violation, and shall not exceed $25,000 for a second or subsequent violation,” it notes.
The New Jersey Press Association urged the bill’s “emotional harm” to be struck from its text. The entity’s chairman, Brett Ainsworth, said in a statement reported by the New Jersey Monitor, “Language around the vague term ‘reasonable person’ enables broad claims to ostensibly protect reputations or hurt feelings.”
“For example, contrary to what the Constitution requires, the expansive language means a reporter could be civilly or criminally liable for publishing an article about the troubling practices of a reproductive healthcare services provider, even if the reporting was well-documented and fully accurate. A provider could simply assert his or her reputation or emotions were harmed by that truthful reporting,” said Ainsworth.
