NJ Supreme Court Should Provide Final Word On Publisher's Challenge to Daniel's Law Application
The court essentially acted as the story's ultimate editor, concluding that the fact that the public official lived in another municipality was the essential point of the news story.
June 07, 2024 at 12:51 PM
5 minute read
There is no dispute that the safety of judges and law enforcement is a matter of public concern. But there is also no dispute that a long series of U.S. Supreme Court cases have found that news media cannot be punished for legally obtaining and publishing information of public concern, especially if that information is provided by a government agency.
In Kratovil v. City of New Brunswick and Anthony A. Caputo (Docket No. A-0216-23, decided April 26, 2024), the Appellate Division ruled that under New Jersey's version of Daniel's Law—the law which prohibits the publication of street addresses for judges or law enforcement, active or retired—the publisher of a news blog was properly prevented from publishing the street and house number of the then-director of public safety of New Brunswick.
"Daniel's Law" was named for Daniel Anderl, the son of U.S. District Judge Esther Salas and attorney Mark Anderl, who was tragically murdered by a disgruntled lawyer/litigant at their home.
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