In NJ, it is illegal to tailgate. It is also illegal to pass on the right. However, tailgating is significantly more dangerous than passing on the right with care.
There are two speeds allowed in the fast lane in my book - go fast, or get out of the way.
If I get behind a slow poke in the fast lane, but there is a line of cars that prevent him or her from merging over, I will ease up, as long as they are accelerating with the assumed reason being to get ahead of the line of cars. Once they are pat the cars, if they don't merg (when there is clearly enough room to do so) - I will pass on the right.
Go fast, or get out of the way. You got a problem wit dat?
-Z