The ACLU of New Jersey has represented Charles Kratovil in his legal battle against the city of New Brunswick over the application of Daniel’s Law. This law pertains to Kratovil’s right to report on information concerning public interest, specifically the residence of the city’s police director, which is located more than two hours away from New Brunswick.
While acknowledging the intent behind Daniel’s Law to protect public servants, the ACLU-NJ emphasized that such protections must align with constitutional principles, particularly free speech rights.
Following a decision by the New Jersey Supreme Court regarding Kratovil’s appeal, Alexander Shalom, an ACLU-NJ cooperating attorney and partner at Lowenstein Sandler LLP, commented on the case. Shalom 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.”
Shalom expressed disappointment 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.”
