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Reason
Reason
Politics
Eugene Volokh

News Site Can Be Prosecuted for Publishing Home Addresses of Police, Prosecutors, and Judges

From the opinion in Kratovil v. City of New Brunswick:

The Legislature enacted Daniel's Law "to enhance the safety and security of certain public officials in the justice system," thereby enabling those officials to "carry out their official duties without fear of personal reprisal." Subject to strict notice requirements [under which the official must first demand that the information be removed and not published -EV], Daniel's Law prescribes a procedure by which the home address and unpublished home telephone number of a public official designated as a "covered person" can be protected from disclosure or redisclosure. Daniel's Law imposes civil liability on persons, businesses, and associations that violate the statute, and provides for criminal liability for reckless or intentional violations…

In 2023, plaintiff Charles Kratovil learned through a records request pursuant to the Open Public Records Act (OPRA), that the voting address of defendant Anthony Caputo, the New Brunswick Police Director, was in the Borough of Cape May. Kratovil began working on a story about Caputo's residence. After Kratovil disclosed Caputo's address to local officials, Caputo notified Kratovil that he was a covered person under Daniel's Law and requested that Kratovil refrain from republishing his exact home address.

The New Jersey Supreme Court upheld the statute. It cited various Supreme Court precedents, including Florida Star v. B.J.F. (1988), which held (in striking down a ban on publishing the names of rape victims):

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