FOR IMMEDIATE RELEASE:
Prosecutors are pursuing baseless criminal charges against two Red Bank, New Jersey, journalists for refusing to remove a police blotter entry from a news website, as the Freedom of the Press Foundation’s U.S. Press Freedom Tracker first reported.
The defendants are Redbankgreen publisher Kenny Katzgrau and reporter Brian Donohue. They’re alleged to have engaged in disorderly conduct by revealing the existence of an arrest, knowing that the arrest record has been expunged or sealed, in violation of New Jersey Revised Statutes Section 2C:52-30. They’re represented by Pashman Stein Walder Hayden P.C., who have moved to dismiss the ridiculous charges. (Read their motion to dismiss below.)
On Sept. 18, 2024, Redbankgreen published the August 2024 blotter provided by the Red Bank Police Department, which contained information about the arrest. The arrest was later expunged on March 27, 2025. The blotter published by the Redbankgreen includes an update that the arrest was expunged, as well as a note that arrests in general are not determinations of guilt.
Freedom of the Press Foundation (FPF) Advocacy Director Seth Stern said:
Prosecuting journalists for declining to censor themselves is alarming and blatantly unconstitutional, as is ordering the press to unpublish news reports. Any prosecutors who would even think to bring such charges either don’t know the first thing about the Constitution they’re sworn to uphold, or don’t care. Failure to immediately correct and apologize for this inexplicable error would put prosecutors’ competence in doubt and warrant investigation of whether they should keep their law licenses.
The Supreme Court has held over and over that journalists are entitled to publish truthful information they lawfully obtain, in cases dealing with matters as sensitive as closed juvenile court proceedings and identities of rape victims. The Supreme Court of New Jersey has also upheld the right to publish expunged information. There is no exception for expunged arrest records and any state law that says otherwise violates the First Amendment. Any first-year law student should know that.
Journalists don’t work for the government and can’t be compelled to do its bidding. In the rare instances where the government is allowed to keep records from public view, it is the government’s responsibility, not the media’s, to ensure that they aren’t disclosed.
This is the latest in a string of egregious press freedom violations by local police and prosecutors across the country. Virtually all of them have failed and left taxpayers on the hook for needless legal fees, settlement payments, or both.
Earlier this year, Clarksdale, Mississippi, officials got a judge to order a newspaper to take down an editorial critical of the mayor. After national headlines about their frivolous antics led to public ridicule, they dropped the case.
Last year, the city of Los Angeles was forced to pay a settlement to journalist Ben Camacho after it sued him for publishing public records. Authorities in LA are also facing a lawsuit over an unconstitutional investigation of a journalist who obtained police disciplinary records.
In 2023, prosecutors in Atmore, Alabama, charged a journalist and news publisher for reporting on grand jury proceedings. The case was thrown out after becoming a national embarrassment, and a lawsuit is pending.
And most famously, the same year, authorities in Marion, Kansas, raided the newsroom of the Marion County Record as part of an investigation premised on the absurd notion that reporters violated computer crime laws by accessing a public website to confirm a news tip. The ordeal has led to multiple settlements and lawsuits, and even criminal charges against the ex-police chief who orchestrated it.
This is also, unfortunately, not the first recent instance of authorities harassing journalists over lawful reporting on arrests. Last year, San Francisco City Attorney David Chiu threatened civil penalties against a journalist, Jack Poulson, who reported on a sealed report of tech executive Maury Blackman’s arrest for domestic violence. A judge held that the California law that Chiu referenced to threaten Poulson was unconstitutional and, in a separate proceeding, a lawsuit brought by Blackman against Poulson was dismissed.
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stLouIST