Somerset, NJ asked in Criminal Law and Municipal Law for New Jersey

Q: Is it illegal to chalk to aide walks and street

I want to express my freedom of speech and draw with chalk on the sidewalk and street but unsure if it is illegal

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2 Lawyer Answers
H. Scott Aalsberg
H. Scott Aalsberg
Answered
  • Criminal Law Lawyer
  • East Brunswick, NJ
  • Licensed in New Jersey

A: It is not freedom of Speech to draw on the street that is generally considered malicious mischief.

Leon Matchin
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Answered
  • Criminal Law Lawyer
  • Milltown, NJ
  • Licensed in New Jersey

A: Rule of thumb is that if you exercise freedom of speech at public's expense you will lose and the public will win. You can draw chalk all over inside your house and apartment and exercise freedom of speech that way but once the public is exposed to it the police get involved. Even if you win the freedom of speech defense which isn't likely you'll be down in the hole thousands of dollars in attorney's fee so it isn't worth it either way. I wouldn't draw chalk on a public sidewalk if I was in your shoes but suit yourself.

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