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State v. Shack

(1971)

Supreme Court of New Jersey - 58 N.J. 297

tl;dr:

A legal aid worker and an attorney were convicted for trespassing after they visited migrant farm workers on a farm to offer help, leading to a precedent-setting legal battle that challenges the very interpretation of property rights.

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Facts & HoldingState v. Shack case brief facts & holding

Facts:The two defendants, a field worker and a staff attorney...

Holding:The court's final holding is that the defendants, due to...

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State v. Shack | Case Brief DeepDive
Majority opinion, author: Weintraub, C. J.
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The case involves charges of trespassing against a field worker and a staff attorney for nonprofit corporations who sought legal assistance to provide medical aid and discuss a legal problem with workers. The constitutionality of the trespass statute is being challenged on the grounds of violating First Amendment rights and the Supremacy Clause of the US Constitution. The court ruled that property ownership does not include the right to deny access to government services available to migrant workers, and therefore, there was no trespass under the penal statute. The legal argument centered around whether a migrant worker should be considered a tenant with the right to receive visitors, or whether their residence on the employer's property was merely incidental to their employment and did not involve a possessory interest in the realty. The case does not concern the right of a migrant worker to remain on the employer's property after their employment has ended.

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