Judge lifts censorship order in victory for newspaper – NorthJersey.com
President Trump may be close to nominating Chuck Cooper to be U.S. Solicitor General.(Photo: stock photo)
A state judge has thrown outan order that censored The Trentonian newspaper, and attorneys for the publication on Thursday hailed the ruling asa victory for First Amendment rights in New Jersey.
Superior Court Judge Lawrence DeBello ruled in favor of The Trentonian on Monday, lifting an unusual "prior restraint" that had been imposedby another judge, Craig Corson.
At the request of the state Attorney General's Office, Corson issued atemporary injunction in October that prohibited The Trentonian from publishing articles based on a confidential child-abuse complaint obtained by one of its reporters, Isaac Avilucea. The document lays out how a 5-year-old boy from Trenton went to school carrying 30 packets of heroin in his lunchbox one day and crack cocaine in his school folder six weeks later, among other sensitive details.
DeBello, a more senior judge who took over the case andheld two hearings this year, issued an order vacatingthe prior restraint on Monday.
The Trentonian has continued to publishstories about the case, questioning why the boy was allowed to remain with his family after the first incident was reported to authorities. The boy, identified only as "N.L." in court papers, is now in foster care.
Verona resident announces run for state Assembly
Stile: Christie escapes to Washington but Bridgegate haunts
"We want to thank Judge DeBello for affirming and protecting important First Amendment values today," David Bralow, an attorney for The Trentonian at the Philadelphia law firm Pepper Hamilton, said Thursday."From the time that the Trentonian learned of the unfortunate order, it has expended significant effort to protect its and its reporters First Amendment rights.We are vindicated today."
A spokesman for the Attorney General's Office did not respond immediately to a request for comment Thursday. The office may appeal DeBello's ruling.
Judicial orders imposing a prior restrainton a news organization prohibiting it from publishing information on a specific topic are extremely rare in the United States. Attorneys for The Trentonian and Avilucea argued that Corson did not take into account some of the U.S. Supreme Courts most important rulings on the First Amendment, which guaranteethe freedom of the press and impose a very high bar on authorities seeking to censor news organizations.
New Jerseys child welfare agency, the Division of Child Protection and Permanency, got Corson to bar The Trentonian from publishing "any information obtained from the filed verified complaint in any form." The complaint contained sensitive details and confidential allegations being filedagainst N.L.'s parents and paternal grandmother. Represented by the Attorney General's Office in court, the agency alleged that Avilucea obtained the complaint illegaly from the boy's mother, although criminal charges were never filed against the Trentonian or the reporter.
Attorneys for the Trentonian argued that the child abuse complaint was not marked "confidential" and that the boy's mother, Tashawn Ford, parted with it willingly.
"The judge basically found that the state presented no proof Isaac obtained the complaint unlawfully and no proof he encouraged release of the complaint in violation of the law," said Avilucea's attorney, Bruce Rosen of the law firmMcCusker, Anselmi, Rosen andCarvelli.
"I'm glad I'm not going to jail after months of being persecuted," Avilucea said Thursday."Journalism, and a journalist, was on trial for the last five months."
Censoring the press is more serious than a criminal penalty because it doesnt just chill speech; it freezes it altogether, one of the newspaper's attorneys, Eli Segal, argued in January.
Prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights, Segal argued, quoting from the U.S. Supreme Courts 1976 decision in Nebraska Press Association v. Stuart.
On behalf of the agency, Assistant Attorney General Erin OLeary argued that the freedom of the press under the First Amendment is not an absolute right and that Corsons order prohibiting The Trentonian from publishing certain information was necessary to protect N.L.s privacy.
The more that the world learns of this intensely private situation, the more likely he is to be ostracized by his peers, OLeary argued in January. Allowing confidential documents to be publicly disseminated also could hurt the states ability to investigate child-abuse incidents, she argued.
In a landmark 1971 decision, New York Times Co. v. United States, the U.S. Supreme Court declined a request from President Richard Nixons administration to prohibit The New York Times and The Washington Post from publishing stories based on the Pentagon Papers, a classified study of the Vietnam War. The governments interest in keeping that information secret could not overcome the freedom of the press to choose what to publish, the justices said. That ruling followed a 1931 decision, Near v. Minnesota, in which the Supreme Court said nearly all forms of prior restraint are unconstitutional.
Segal cited the Pentagon Papers case during the hearing and argued that the Trenton child-abuse case continued to be worth the publics attention. New Jersey state officials had not cleared the very high bar required by the U.S. Supreme Court for censorship of the press, he said.
Courts have allowed prior restraints on news organizations to prevent the publication of troop movements during wartime and when a magazine attempted to publish the secret to building a hydrogen bomb. OLeary argued that details about N.L.s case and other child-abuse investigations are similarly sensitive.
In an interview with The Record last year, Floyd Abrams, a leading expert on the First Amendment and one of the lawyers involved in the Pentagon Papers case, said the Trentonian was right to cite that case in its defense.The all-but-total ban on prior restraints exists as a critical protection of First Amendment rights, Abrams said.
Attorney General Chris Porrino's office at first offered to drop the case, provided that The Trentonian destroy the complaint and cease publishing articles about it. The newspapers management and attorneys initially decided to accept the settlement, but Avilucea refused,the agreement was not executed, and the legal battle continued.
"They offered a truce that I wasn't going toput my John Hancock on," Avilucea said.
Read or Share this story: https://njersy.co/2oE2SDr
Original post:
Judge lifts censorship order in victory for newspaper - NorthJersey.com
- Nina Jankowiczs censorship bull, onshoring risks are manageable and other commentary - New York Post - April 5th, 2025 [April 5th, 2025]
- Opinion: If US schools are censored, students will struggle to form their own opinions - The Asheville Citizen Times - April 5th, 2025 [April 5th, 2025]
- Lonely Island surprised 'Jizz in My Pants' wasn't censored on SNL : 'There's still potentially kids watching' - Entertainment Weekly - April 5th, 2025 [April 5th, 2025]
- Censoring Santosh and the grim truth of police torture - Hindustan Times - April 5th, 2025 [April 5th, 2025]
- The Antitrust Division Hosts a Big-Tech Censorship Forum - Department of Justice (.gov) - April 5th, 2025 [April 5th, 2025]
- Is the future of censorship-resistant VPNs, no VPNs? - TechRadar - April 5th, 2025 [April 5th, 2025]
- The VPN industry must change or face losing the battle against censorship - Tom's Guide - April 5th, 2025 [April 5th, 2025]
- DOJ, FTC listen to Big Tech censorship concerns - Global Competition Review - April 5th, 2025 [April 5th, 2025]
- CIF Becomes the Official Sponsor of Dirty Mouths, turning censorship into sponsorship. - Marketing Communication News - April 5th, 2025 [April 5th, 2025]
- India quietly censored a White Lotus Season 3 scene; even HBO didnt see this coming - The Indian Express - April 5th, 2025 [April 5th, 2025]
- Journalists in Haiti defy bullets and censorship to cover unprecedented violence - The Independent - April 5th, 2025 [April 5th, 2025]
- CEO of Babylon Bee visits campus, gives talk about dangers of censorship - The Crimson White - April 5th, 2025 [April 5th, 2025]
- One White Lotus Scene Was Conspicuously Missing in India, and Its Part of a Bigger Censorship Issue - IndieWire - April 3rd, 2025 [April 3rd, 2025]
- Australian tribunal to rule on whether using biologically accurate pronouns online is grounds for censorship - Alliance Defending Freedom... - April 3rd, 2025 [April 3rd, 2025]
- Its About Censorship, Erasure, and Control: the GOPs Push for Parental Rights - The Texas Observer - April 3rd, 2025 [April 3rd, 2025]
- Mastercard agrees to eschew pressure to engage in censorship of ads - adfmedia.org - April 3rd, 2025 [April 3rd, 2025]
- 'Stories About Overthrowing the Government Are No Longer Allowed': Anime Censorship Overseas Adding to Broadcast Woes - Comic Book Resources - April 3rd, 2025 [April 3rd, 2025]
- Media apathy makes Schmitts hearing on government censorship all the more vital - Read Lion - April 3rd, 2025 [April 3rd, 2025]
- Mastercard, Facing Pressure Over Role In Global Censorship Effort, Agrees To Major Change - The Daily Wire - April 3rd, 2025 [April 3rd, 2025]
- Launch: New OONI Explorer thematic censorship pages - Open Observatory of Network Interference | OONI - April 3rd, 2025 [April 3rd, 2025]
- Jersey City Library Set to Welcome 'The Hammer' to Talk on Censorship, Book Bans - TAPinto - April 3rd, 2025 [April 3rd, 2025]
- Anime Is Booming, But New Censorship Rules Are About to Threaten Some of Its Top Shows - Screen Rant - April 3rd, 2025 [April 3rd, 2025]
- Twitter Files journalist Matt Taibbi spars with Bidens disinfo czar in censorship hearing: We dont need a truth squad - New York Post - April 3rd, 2025 [April 3rd, 2025]
- From censorship to curiosity: Pope Francis appreciation for the power of history and books - The Conversation - April 3rd, 2025 [April 3rd, 2025]
- Oppenheimer Now Streaming Uncensored on Netflix in India After Theatrical Censorship - IGN India - April 3rd, 2025 [April 3rd, 2025]
- What is Sahyog, which Elon Musk-owned X called a censorship portal? - The Indian Express - April 3rd, 2025 [April 3rd, 2025]
- Mark Zuckerberg-Led Meta Set To Face 'Truth' At Senate Hearing Over China Operations And Communist Party Censorship Efforts - Meta Platforms... - April 3rd, 2025 [April 3rd, 2025]
- Sharyn Rothstein looks at censorship through the eyes of a badass librarian - DC Theater Arts - April 1st, 2025 [April 1st, 2025]
- The dangers of censorship: The harm of book banning - Collegiate Times - April 1st, 2025 [April 1st, 2025]
- Can Controversy and Censorship Ever Be Good for Artists and Their Art? - observer.com - April 1st, 2025 [April 1st, 2025]
- Why is X suing the Indian govt over censorship? Musks heft within US administration could play a part - The Straits Times - April 1st, 2025 [April 1st, 2025]
- Explained: What is the Sahyog Portal that X has called out for censorship? - MediaNama - April 1st, 2025 [April 1st, 2025]
- Censorship and the question of artistic freedom - Times of India - April 1st, 2025 [April 1st, 2025]
- Art Censorship: Between Restriction and Sharpening Idea of Freedom of Expression - Universitas Gadjah Mada - April 1st, 2025 [April 1st, 2025]
- Mass surveillance and censorship/ What is DPI, intended for use by the government? - cna.al - April 1st, 2025 [April 1st, 2025]
- The Freckled Face of Censorship or How Book Bans Are Restricting Our Freedoms - U.S. News & World Report - March 26th, 2025 [March 26th, 2025]
- Spice Girls latest victims of woke censorship as iconic '90s song has 'offensive' lyric removed by BBC and other stations - GB News - March 26th, 2025 [March 26th, 2025]
- MEDIA ADVISORY: HFAC Subcommittee Hearing on the Censorship-Industrial Complex - House Foreign Affairs Committee - March 26th, 2025 [March 26th, 2025]
- Durbin Questions Witnesses In Judiciary Subcommittee Hearing On Censorship - RiverBender.com - March 26th, 2025 [March 26th, 2025]
- Hawley Exposes Big Tech as Willing Collaborators in Censorship: They Own It - Josh Hawley - March 26th, 2025 [March 26th, 2025]
- Scientists Respond to FTC Inquiry into Tech Censorship - R Street - March 26th, 2025 [March 26th, 2025]
- Venice Title Pooja, Sir: Rajagunj Released in Nepal After Extensive Censorship Battle: An Attack on the Fundamental Right to Freedom of Speech... - March 26th, 2025 [March 26th, 2025]
- 'Assault on the 1st Amendment': Expert buries Trumps 'censorship' argument in 60 seconds - AlterNet - March 26th, 2025 [March 26th, 2025]
- Billboard Chris fined, threatened with arrest in Brisbane days ahead of ultimate court challenge against government online censorship - ADF... - March 26th, 2025 [March 26th, 2025]
- Exclusive - Laughter Chefs 2's Rahul Vaidya on current scenario of comedy in India and Samay Raina; says - The Times of India - March 26th, 2025 [March 26th, 2025]
- Banned books of Alabama. These 25 face censorship in local libraries throughout AL - Montgomery Advertiser - March 26th, 2025 [March 26th, 2025]
- Beauty and the Beast: New book sparks censorship row in France - BBC.com - March 25th, 2025 [March 25th, 2025]
- Opinion: The day free speech began to retreat - The Globe and Mail - March 25th, 2025 [March 25th, 2025]
- CT library meeting on censoring LGBTQ+ content canceled after large crowd shows up - Hartford Courant - March 25th, 2025 [March 25th, 2025]
- Local leaders in Suffield accused of censorship following proposed library policy - Eyewitness News 3 - March 25th, 2025 [March 25th, 2025]
- USAID Coordinated With Censorship Agency, Documents Show - Daily Signal - March 25th, 2025 [March 25th, 2025]
- The EU wants to censor the global internet - Spiked - March 25th, 2025 [March 25th, 2025]
- Federal Governments Growing Banned Words List Is Chilling Act of Censorship - PEN America - March 25th, 2025 [March 25th, 2025]
- United States of Censorship - Marist College The Circle - March 25th, 2025 [March 25th, 2025]
- America First Legal Exposes Censorship Scheme by USAID and Global Engagement Center, Working With UK Government and Media Firms, to Use AI Censorship... - March 25th, 2025 [March 25th, 2025]
- Liberal Documentarians Panic as Industry Goes Trump-Friendly, but Conservatives Say Theyre Getting a Taste of Censorship and Its Satisfying - Variety - March 25th, 2025 [March 25th, 2025]
- OPINION | Censoring 'No Other Land' won't make the issue go away - The Jewish News of Northern California - March 25th, 2025 [March 25th, 2025]
- Miami Beach mayors censorship of No Other Land is yet another authoritarian move to shield Israel - Mondoweiss - March 25th, 2025 [March 25th, 2025]
- Elon Musks X sues union government over alleged censorship and IT Act violations - The Hindu - March 25th, 2025 [March 25th, 2025]
- Cartoonist accuses French Education Ministry of censorship for canceling his 'Beauty and the Beast' - Le Monde - March 25th, 2025 [March 25th, 2025]
- What are anti-censorship features and how is Proton VPN leading the way? - Tom's Guide - March 25th, 2025 [March 25th, 2025]
- Local opinion: Banning bones and books - Arizona Daily Star - March 25th, 2025 [March 25th, 2025]
- Coalition led by PEN Florida lobbies in Tallahassee to undo the harms of censorship - PEN America - March 25th, 2025 [March 25th, 2025]
- Beauty and the Beast comic book cancelled in France's 'worst ever censorship case' as 'inappropriate' Belle depicted as dark-skinned Mediterranean... - March 25th, 2025 [March 25th, 2025]
- Former Meta director says Mark Zuckerberg worked hand in glove with Beijing to build a censorship tool - Fortune - March 13th, 2025 [March 13th, 2025]
- RI Voices: Censorship harms those we should be trying to protect - The Boston Globe - March 13th, 2025 [March 13th, 2025]
- Opinion | Think Twice Before Using These Words - The New York Times - March 13th, 2025 [March 13th, 2025]
- World Day Against Cyber Censorship: RSF Collateral Freedom project restores access to BBC News in countries where it is blocked - Reporters sans... - March 13th, 2025 [March 13th, 2025]
- FCC To Investigate Alleged Faith-Based Discrimination at YouTube TV as It Ramps Up War on the Censorship Cartel - The New York Sun - March 13th, 2025 [March 13th, 2025]
- DW defies censorship with innovative solutions - DW - March 13th, 2025 [March 13th, 2025]
- Florida Coalition to Speak Out March 11 in Support of Freedom to Learn Act to Reverse Harmful Censorship in Public Schools - PEN America - March 13th, 2025 [March 13th, 2025]
- Mark Zuckerberg Offered China Full Censorship Control And User Data Access, Says Meta Whistleblower: 'Working Hand In Glove With The Chinese Communist... - March 13th, 2025 [March 13th, 2025]
- Censorship at heart of FST's 'Bad Books' - Yoursun.com - March 13th, 2025 [March 13th, 2025]
- Interview: Tackling Censorship and Artistic Freedom - Everything Theatre - March 13th, 2025 [March 13th, 2025]
- Censorship and Australias Venice Biennale pavilion, a controversial AI auction, and Elizabeth Catlett in Washingtonpodcast - Art Newspaper - March 13th, 2025 [March 13th, 2025]
- Trumps censorship Czar orders NPR and PBS investigation - MR Online - March 13th, 2025 [March 13th, 2025]
- Meta Is All About Free SpeechExcept They Built a Censorship Tool for China - VICE - March 13th, 2025 [March 13th, 2025]
- Huntington Beach residents will vote on book censorship, library control in June - LAist - March 7th, 2025 [March 7th, 2025]
- Trump Calls On Congress To Pass The Take It Down ActSo He Can Censor His Critics - EFF - March 7th, 2025 [March 7th, 2025]
- Turning the Page on Literary Censorship in the US - SUNY The New Paltz Oracle - March 7th, 2025 [March 7th, 2025]