Posted by Martin E. FriedlanderSep 14, 20230 Comments

Freedom Of Speech In Divorce Case

NJ domestic violence court bans wife from speaking on social media about her husband's refusal to give a Jewish divorce (get).

In a recent decision, the Appellate Division in the State of New Jersey overturned a domestic violence parts ban for a wife to communicate with others in regards to her husband's refusal to give her a Jewish divorce (get). The wife was even banned from communicating by the Rabbinical Courts as to her husband's refusal to give a get. This placed the wife in a precarious position in trying to achieve an objective that would allow her to marry under her principles of religious doctrine. In the case known as L.B.B., the ACLU joined her counsel and took the case to the Appellate Division, in which the decision was overturned indicating that it was a prohibition of one's rights (freedom of speech) to consider. The Lower Court's decision to do that informs of one's refusal to give a get was a form of harassment and may lead to violence and thus an order prohibiting them was issued.

It is interesting that in today's day, such a decision before a Lower Court in New Jersey would ever be issued in the first place. One would question why the Lower Court did not believe it was a prohibition of one's rights and freedom of speech, as well as freedom to practice one's religion that was limited until this issue came about before the Appellate Court.