Editorial: First Amendment victory in Trenton – NorthJersey.com
NorthJersey 1:56 p.m. ET March 31, 2017
Visitors walk around the Liberty Bell at Independence National Historical Park in Philadelphia in this file photo.(Photo: JESSICA GRIFFIN/AP)
Press freedom in this country dates back to its founding. It is one of the bedrocks of democracy, and in these days it is as critically important as it has ever been.
Thats why it was refreshing news this week when Superior Court Judge Lawrence DeBello ruled in favor of The Trentonian newspaper, and ordered that a previous censorship order against the publication be thrown out. DeBellos order is a reaffirmation for those who care about the First Amendment, and a victory for news organizations everywhere who remain committed to getting to the truth. DeBello had agreed to hear the case in January, saying he wished to weigh the propriety of the order.
We want to thank Judge DeBello for affirming and protecting important First Amendment values today, said David Bralow, an attorney for The Trentonian. 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.
The newspaper was hit with the highly unusual prior restraint order last October when, at the request of the state Attorney Generals Office, another judge, Craig Corson, issued a temporary injunction that prohibited The Trentonian from publishing articles based on a confidential child-abuse complaint obtained by one of its reporters, Isaac Avilucea.
Among other sensitive details, 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. The newspaper has continued to publish stories about the case, questioning why the boy was allowed to remain with his family after the first incident was reported to authorities. The boy is now in foster care.
Some legal perspective is needed to realize how important this case was, not only for press freedom in New Jersey, but for journalists everywhere. Judicial orders imposing a prior restraint on a news organization prohibiting it from publishing information on a specific topic are extremely rare in the United States. Attorneys forTheTrentonianand one of its reporters argued in January that Corson did not take into account some oftheU.S. Supreme Court's most important rulings ontheFirstAmendment, which guaranteesthefreedom ofthepress.
One of the most famous of those cases is the landmark 1971 decision, New York Times Co. v. United States,where theU.S. Supreme Court declined a request from President Richard Nixons administration to prohibitTheNew York Times andTheWashington Post from publishing stories based onthePentagon Papers, a classified study oftheVietnam War.
Eli Segal, another attorney who argued the case for The Trentonian, argued back in January that censoring the press is more serious than a criminal penalty because it doesnt just chill speech; it freezes it altogether. Segal also citedthePentagon Papers case duringthehearing and argued thattheTrenton child-abuse case continued to be worththe publics attention. New Jersey state officials had not clearedthevery high bar required bytheU.S. Supreme Court for censorship ofthepress, 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. Clearly, the case involving the Trentonian did not rise to that level.
Press censorship is serious business. History is littered with examples of how the censorship of the press leads, sooner or later, to the stifling of speech for all, and the limiting of basic freedoms of citizens.
We dont need to go down that road. We have come too far, and value our liberty too dearly, to start surrendering First Amendment rights now.
Read or Share this story: https://njersy.co/2nI2h6f
Follow this link:
Editorial: First Amendment victory in Trenton - NorthJersey.com
- California educators First Amendment rights face test in wake of Charlie Kirks killing - EdSource - October 4th, 2025 [October 4th, 2025]
- Reagan-Appointed Judge Calls Out Trumps Full-Throated Assault on the First Amendment - Democracy Docket - October 4th, 2025 [October 4th, 2025]
- Federal judge overturns part of Fla. book-ban law, drawing on nearly 100 years of precedent protecting First Amendment access to ideas - Middle... - October 4th, 2025 [October 4th, 2025]
- Senators Blumenthal and Warren on First Amendment and the FCC - C-SPAN - October 4th, 2025 [October 4th, 2025]
- A Word From Legal: Social Media, the First Amendment, and You - Maryland State Education Association - October 4th, 2025 [October 4th, 2025]
- League of Women Voters spotlights First Amendment - Midland Daily News - October 4th, 2025 [October 4th, 2025]
- A grave dancing teacher tests the First Amendment in San Jacinto public schools - Orange County Register - October 4th, 2025 [October 4th, 2025]
- Clemson University being sued, claiming the school violated First Amendment - WLTX - October 4th, 2025 [October 4th, 2025]
- First Amendment invoked in bid to demolish Holy Cross Catholic Church. Here's what historic board decided - IndyStar - October 2nd, 2025 [October 2nd, 2025]
- Is counseling entitled to protection under the First Amendment? - American Psychological Association (APA) - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches Committee for the First Amendment With Support of 550 Celebrities Including Pedro Pascal, Viola Davis and More - Variety - October 2nd, 2025 [October 2nd, 2025]
- US stars back relaunched Committee for the First Amendment - Music Ally - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda reboots Committee for the First Amendment: Artists must speak out before its too late - The Hill - October 2nd, 2025 [October 2nd, 2025]
- Nearly 80 years after McCarthyism, Jane Fonda relaunches Committee for the First Amendment: The stakes are too high - CNN - October 2nd, 2025 [October 2nd, 2025]
- Full-throated assault on the First Amendment: Judge rips into Trump over attempts to deport pro-Palestinian academics - CNN - October 2nd, 2025 [October 2nd, 2025]
- Your right to know: What the First Amendment really says about freedom of the press - The Montpelier Bridge - October 2nd, 2025 [October 2nd, 2025]
- Rhode Island Latino Arts vs. the Trump administration: Inside a First Amendment court battle - Rhode Island PBS - October 2nd, 2025 [October 2nd, 2025]
- LETTER TO THE EDITOR: School district doesnt believe in First Amendment - Rogue Valley Times - October 2nd, 2025 [October 2nd, 2025]
- Judge Finds the Trump Administration Unconstitutionally Targeted Noncitizens Over Gaza War Protests - First Amendment Watch - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches the Committee for the First Amendment with 550+ Signatories (Including Me) - The Ankler. - October 2nd, 2025 [October 2nd, 2025]
- Jane Fonda Relaunches McCarthy-Era Committee For The First Amendment With Support Of 550 Celebrities Including Barbra Streisand, Pedro Pascal, Ben... - October 2nd, 2025 [October 2nd, 2025]
- Committee to Protect Journalists calls on FCC chair to respect First Amendment rights, press freedom - Editor and Publisher - October 2nd, 2025 [October 2nd, 2025]
- Trump is targeting the First Amendment rights of all Americans - The Contrarian - October 2nd, 2025 [October 2nd, 2025]
- Sens. Blumenthal and Warren Hold Forum on First Amendment and FCC - C-SPAN - September 30th, 2025 [September 30th, 2025]
- The First Amendment Applies to the Doctors Office, Too - National Review - September 30th, 2025 [September 30th, 2025]
- Readers respond: Stand strong for First Amendment - OregonLive.com - September 30th, 2025 [September 30th, 2025]
- The First Amendment as a racist weapon - People's World - September 30th, 2025 [September 30th, 2025]
- Judge Rules MyPillow Guy Mike Lindell Defamed Smartmatic With False Claims on Voting Machines - First Amendment Watch - September 30th, 2025 [September 30th, 2025]
- Someone remind Florida universities that you either have a First Amendment, or you dont - Creative Loafing Tampa - September 30th, 2025 [September 30th, 2025]
- A Big Win for the First Amendment in Retaliatory Case Filed Against Journalist Timothy Burke - freepress.net - September 28th, 2025 [September 28th, 2025]
- Guest Post: Your favorite college team is likely to be violating the First Amendment at its stadium - Extra Points - September 28th, 2025 [September 28th, 2025]
- Where America stands on the First Amendment: key takeaways - Free Speech Center - September 28th, 2025 [September 28th, 2025]
- The Trump administrations relationship with the First Amendment - 1A | Speak Freely - September 28th, 2025 [September 28th, 2025]
- Voices of the Newsroom: Is comedy a First Amendment right? - Los Angeles Loyolan - September 28th, 2025 [September 28th, 2025]
- New York Times columnist discusses the state of free speech and the First Amendment at WashU - studlife.com - September 28th, 2025 [September 28th, 2025]
- Does the First Amendment Apply to Hate Speech?: News Article - Independent Institute - September 28th, 2025 [September 28th, 2025]
- In 'Crucial Victory for the First Amendment,' Charges Against Journalist Timothy Burke Dismissed - Common Dreams - September 28th, 2025 [September 28th, 2025]
- The First Amendment: 7 things you need to know - baldwin-bulletin.com - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel Thanks Trump for Record Ratings After Suspension; Julia Louis-Dreyfus Brings Host a Puppy Whos a Big Fan of the First Amendment - Variety - September 28th, 2025 [September 28th, 2025]
- Jimmy Kimmel May Be Back. Trumps Attacks on the First Amendment Arent Over - Rolling Stone - September 25th, 2025 [September 25th, 2025]
- How the First Amendment protects Americans speech and how it does not - The Conversation - September 25th, 2025 [September 25th, 2025]
- First Amendment lawyer on Jimmy Kimmel, the FCC and free speech - CBS News - September 25th, 2025 [September 25th, 2025]
- Peter Strzok, the FBI agent who sent anti-Trump texts, loses First Amendment case over his firing - Politico - September 25th, 2025 [September 25th, 2025]
- SPJ Foundation recognizes The State News of Michigan State University with $10K Pulliam First Amendment Award - Society of Professional Journalists - September 25th, 2025 [September 25th, 2025]
- America has lost its belief in the First Amendment - Columbia Missourian - September 25th, 2025 [September 25th, 2025]
- Ball State violated First Amendment by firing employee over Charlie Kirk post | Opinion - IndyStar - September 25th, 2025 [September 25th, 2025]
- Letter: Stand up for First Amendment - The Columbian - September 25th, 2025 [September 25th, 2025]
- First Amendment: "The Canary in the Coal Mine," by Ben Tripp - Claremont COURIER - September 25th, 2025 [September 25th, 2025]
- First Amendment Day and the insincerity of Rep. Lisa Fink - Arizona Capitol Times - September 25th, 2025 [September 25th, 2025]
- Press Release: Rep. Laura Friedman Leads Rally in Hollywood to Defend Free Speech and First Amendment - Quiver Quantitative - September 25th, 2025 [September 25th, 2025]
- Speech: First Amendment rights are non-negotiable - News and Sentinel - September 25th, 2025 [September 25th, 2025]
- YouTube bans were First Amendment violations, but thats not the whole story - Washington Times - September 25th, 2025 [September 25th, 2025]
- Book Review: The First Amendment: Essays on the Imperative of Intellectual Freedom, Tara Smith (with contributions by Onkar Ghate, Gregory Salieri,... - September 25th, 2025 [September 25th, 2025]
- Jessell: A First Amendment Win, And A Crossroads For Nexstar - TV News Check - September 25th, 2025 [September 25th, 2025]
- Cal Thomas: Jimmy Kimmel and the First Amendment - wng.org - September 25th, 2025 [September 25th, 2025]
- How Jimmy Kimmel is giving us a crash course in the first amendment - JoySauce - September 25th, 2025 [September 25th, 2025]
- Professors weigh in on First Amendment boundaries - Spectrum News - September 25th, 2025 [September 25th, 2025]
- Sean 'Diddy' Combs argument filming 'freak-offs' protected by First Amendment blasted by feds - New York Daily News - September 25th, 2025 [September 25th, 2025]
- LAffaire Kimmel and the First Amendment - American Enterprise Institute - September 23rd, 2025 [September 23rd, 2025]
- Why Jimmy Kimmels First Amendment rights werent violated but ABCs would be protected if it stood up to the FCC and Trump - Nieman Lab - September 23rd, 2025 [September 23rd, 2025]
- Judges have looked unfavorably upon Trump in First Amendment cases this year - CNN - September 23rd, 2025 [September 23rd, 2025]
- Balderas interviewed on First Amendment and Jimmy Kimmel - Elon University - September 23rd, 2025 [September 23rd, 2025]
- Did Brendan Carr Violate the First Amendment? And Can Anything Be Done? - Divided Argument | Substack - September 23rd, 2025 [September 23rd, 2025]
- ACLU and Exodus Refugee Immigration claim records request from the State violates First Amendment rights - WFYI - September 23rd, 2025 [September 23rd, 2025]
- Metro attorney speaks on First Amendment following Kimmel's suspension - KCTV - September 23rd, 2025 [September 23rd, 2025]
- Its still censorship (even if it doesnt violate the First Amendment) - Cory Doctorow Medium - September 23rd, 2025 [September 23rd, 2025]
- West Point is violating the First Amendment with a crackdown on professors, lawsuit says - AP News - September 23rd, 2025 [September 23rd, 2025]
- Comedian Jimmy Kimmels suspension from ABC television generated a national debate on the First Amendment. To what extent do you think the government... - September 23rd, 2025 [September 23rd, 2025]
- Letter: What's happening to First Amendment rights? - InForum - September 23rd, 2025 [September 23rd, 2025]
- There is no First Amendment right to obstruct law enforcement - Washington Examiner - September 23rd, 2025 [September 23rd, 2025]
- West Point is violating the First Amendment with a crackdown on professors, lawsuit says - The Independent - September 23rd, 2025 [September 23rd, 2025]
- Free speech BACKLASH as even members of Trump's base reject his attack on the First Amendment - MSNBC News - September 21st, 2025 [September 21st, 2025]
- The Observer view: Save the First Amendment - The Observer - September 21st, 2025 [September 21st, 2025]
- How does the First Amendment protect free speech? - Post and Courier - September 21st, 2025 [September 21st, 2025]
- Anna Gomez Calls Kimmel Suspension Most Alarming Attack on the First Amendment in Recent Memory - Vanity Fair - September 21st, 2025 [September 21st, 2025]
- Larson, Crockett, and Jeffries Speak Out Against Trump Administration Report Targeting Them for Exercising First Amendment Rights - Congressman John... - September 21st, 2025 [September 21st, 2025]
- Editorial: Using the First Amendment to protect our rights - Everett Herald - September 21st, 2025 [September 21st, 2025]
- League of Women Voters to host program on Free Speech, First Amendment - Midland Daily News - September 21st, 2025 [September 21st, 2025]
- Republicans railroad the First Amendment, and the Pentagon's war crime worries - Daily Kos - September 21st, 2025 [September 21st, 2025]
- Free Speech on Trial: The Jimmy Kimmel Case and the First Amendment - The Boca Raton Tribune - September 21st, 2025 [September 21st, 2025]