Journalist Has No First Amendment Right to Publish Police Chief’s Home Address,
From Kratovil v. City of New Brunswick, decided Friday by the N.J. intermediate appellate court (Judges Gilson, DeAlmeida, and Bishop-Thompson):
Plaintiff is a journalist who writes for and edits New Brunswick Today, an online publication. As the name of the publication suggests, it focuses on local news about the City.
Defendant Caputo is a retired police officer who then became Director of the City’s Police Department. Caputo was also a Commissioner of the City’s Parking Authority. He served in both those positions through 2023 and retired from those positions in early 2024.
In 2023, plaintiff noted that Caputo was not attending City Council meetings, nor was he regularly attending Parking Authority meetings in person. On March 14, 2023, plaintiff sent Caputo an email asking if Caputo still lived in the City. The Deputy Director of Police responded on Caputo’s behalf, stating, in relevant part: “The public release of a law enforcement officer’s place of residence is protected under Daniel’s Law.”
Plaintiff came to believe that Caputo was living in Cape May. To confirm that belief, plaintiff filed a request under the Open Public Records Act (the OPRA) with the Cape May County Board of Elections (the Cape May Board), requesting Caputo’s voter profile. Initially, the Cape May Board provided a redacted version of Caputo’s voting profile to plaintiff in March 2023. After follow-up communications from plaintiff, in April 2023, the Cape May Board produced a voter profile with fewer redactions. That voter profile included Caputo’s home address.
At meetings of the City’s Parking Authority and the City Council conducted on March 22, 2023 and April 5, 2023, respectively, plaintiff asked if Caputo still lived in the City. Neither Caputo nor anyone else from the City definitively responded to plaintiff’s question.
On May 3, 2023, plaintiff attended another City Council meeting. The City and plaintiff separately recorded that meeting. During the public comment portion of t
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