Journalists charged for publishing police blotter information

In September 2022, a news site called Red Bank Green, based in Red Bank, New Jersey, reported on an arrest related to a simple assault case. The arrest information was sourced from a local police blotter and was later expunged in March 2023. This expungement led to significant legal ramifications for Brian Donohue, a reporter, and Kenny Katzgrau, the publisher of the site, resulting in them facing criminal charges. They are accused of violating a New Jersey law that prohibits revealing details of expunged records, although the information was made public before the arrest was sealed. The legal actions against Donohue and Katzgrau have raised questions about First Amendment rights and the freedom of the press. Their attorney, Bruce Rosen, has argued that any prosecution for publishing truthful information contradicts the principles upheld by the Constitution. Rosen emphasized that the public’s right to know should prevail, stating that journalists must be protected from criminal charges when reporting on matters of public significance. In related cases, Supreme Court decisions have affirmed that journalists can publish information that has been lawfully obtained, including details about arrests and convictions released by law enforcement. Legal precedents, such as Florida Star v. B.J.F. and G.D. v. Bernard Kenny, underscore that expunged records do not exempt those facts from public knowledge. The law, according to experts, cannot penalize the publication of truthful information simply because it pertains to an expunged arrest. The prosecution is viewed as a dangerous precedent and an attempt to stifle journalistic integrity, as it implies potential criminal liability for publishing information that is part of the public record. The chilling effect of such a legal challenge could discourage journalists from reporting on stories of significant public interest if they fear legal repercussions. Legal experts have stated that the charges against the two journalists should be dismissed, as they violate Constitutional protections and the freedom of the press.