State of New Jersey, Plaintiff-Respondent v. Salvatore Profaci, Jr., Defendant-Appellant

Summary

The Supreme Court of New Jersey held that N.J.S.A. 2A:170-29(1) is constitutionally valid and not unconstitutionally vague or overbroad, but reversed Profaci's conviction because the uttered language was not likely to incite a breach of the peace. The decision rests on a narrow construction of the statute as limited to "fighting words" and a factual finding that the conduct did not meet that standard.