N.J. Criminal Prosecution of News Reporters for Not Removing Post About Expunged Arrest
From the Motion to Dismiss in State v. Katzgrau, written by Bruce Rosen (Pashman Stein Walder Hayden, P.C.); the analysis seems to me quite correct, and the G.D. v. Kenny decision from the New Jersey Supreme Court strikes me as dispositive:
This case involves a media entity’s alleged violation of N.J.S.A. 2C:52-30, which makes it a disorderly persons offense to knowingly reveal the existence of an expunged arrest. The arrest in question was published in the Red Bank Police Department’s monthly police blotter report and then republished on the Red Bank Green local news website. Several months after the publication, the arrest was expunged.
The U.S. Supreme Court has stated numerous times that publication of truthful information on matters of public significance cannot be punished unless it involves a state interest of the highest order. But even more significantly, the New Jersey Supreme Court has specifically explained that the media and private citizens cannot be prosecuted under N.J.S.A. 2C:52-30, even if they knowingly disclose or discuss an expunged arrest, because doing so would be a blatant violation of their federal and state constitutional rights of free speech.
Moreover, information concerning the arrest was published prior to the expungement, and there is no requirement in law that it be removed from the publisher’s website simply because an expungement had taken place. But that is exactly what the Complainant alleges in his Certification in Support of Probable Cause when he stated: “I have provided Red Bank Green with dismissal/expungement paperwork multiple times and they refuse to remove the content from their website directly violating NJ 2C:52-30.” This is also the basis upon which this Court erroneously determined there was probable cause.
To the extent that defendants are somehow being charged with not removing the police blotter entry after the expungement, our Supreme Court and numerous other courts have opined as to the blatant unconstitutionality of such a requirement. If anything, Red Bank Green should be commended for, after being informed of the expungement, adding a note explaining that the arrest had been expunged. It had no legal obligation to do so, but did so in accordance with its own policies and desire to report fairly and accurately to the public….
Red Bank Green is a local news website whose editor is defendant Brian Donohue and whose publisher is defendant Kenneth Katzgrau. As a service to the community, Red Bank Green publishes what is commonly called a “police blotter,” a monthly crime and arrest report compiled by the Red Bank Police Department and published as part of the Red Bank Community Bulletin Police on a monthly basis (“the police blotter”), which includes information concerning crimes and arrests.
Complainant Kyle Pietila was arrested for simple assault on August 31, 2024 in Red Bank. The arrest was included in the police blotter sent to various publications and the community by the Red Bank Police Department. The final entry in this particular lengthy police blotter reads: “Kyle Pietila, age 40 of Red Bank was arrested on 8/31/2024 in the area of Reckless Place for Simple Assault by Ptl. Grace Maggiulli.”
The police blotter was received by Red Bank Green on September 18, 2024 via email directly from William Morrison at the Records Bureau of the Red Bank Police and was published the same day. Mr. Pietila’s case was subsequently dismissed by the Court months later, on March 27, 2025, and simultaneously expunged by this Court pursuant to an expedited expungement as per N.J.S.A. 2C:52-6. Shortly thereafter, Mr. Pietila and his attorney separately contacted Mr. Donohue and repeatedly requested that the entry in the September 18 police blotter be removed and in the process provided Mr. Donohue with the Expungement Order and Certificate of Disposition.
Mr. Donohue refused to take down the truthful information it had already published, and informed them that Red Bank Green‘s policy is as set forth on its website … as follows:
We strongly believe that once information is published, it should stay published as-is unless a correction or clarification is warranted.
We do not remove or materially alter stories or images once they have been
Article from Reason.com
The Reason Magazine website is a go-to destination for libertarians seeking cogent analysis, investigative reporting, and thought-provoking commentary. Championing the principles of individual freedom, limited government, and free markets, the site offers a diverse range of articles, videos, and podcasts that challenge conventional wisdom and advocate for libertarian solutions. Whether you’re interested in politics, culture, or technology, Reason provides a unique lens that prioritizes liberty and rational discourse. It’s an essential resource for those who value critical thinking and nuanced debate in the pursuit of a freer society.
