The ACLU of New Jersey represented Charles Kratovil in a legal challenge against the city of New Brunswick. The case focused on Daniel’s Law and its impact on Kratovil’s ability to report publicly available, truthful information about the residence of the city’s police director, which was located more than two hours away from New Brunswick.
Daniel’s Law is intended to protect public servants by restricting the publication of certain personal information. However, the ACLU-NJ argued that these protections must be balanced with constitutional rights, such as free speech.
Following a decision by the New Jersey Supreme Court in Kratovil’s appeal, Alexander Shalom, a cooperating attorney for ACLU-NJ and Partner and Chair at Lowenstein Center for the Public Interest at Lowenstein Sandler LLP, stated: “In this case, the Court agreed that the information, which Daniel’s Law would otherwise prohibit publishing, concerned a matter of public significance and was lawfully obtained. When the government provides information to the media, the U.S. Supreme Court instructs courts to assume that the government should use other tools to guard against the dissemination of that information and not take the extreme step of punishing truthful speech. We are disappointed that the New Jersey Supreme Court did not follow this precedent when considering the right of our public officials to be protected from violence in their homes, the right of journalists to publish information of public concern, and the right of the public to receive that important information.”
The dispute highlights ongoing debates over privacy protections for public officials and press freedom in New Jersey.
