State blocked in “prior restraint” case against The Trentonian

The below statement by the New Jersey Society of Professional Journalists (SPJ-NJ) nicely explains the issues in the “prior restraint” case against The Trentonian and reporter Isaac Avilucea.  Despite losing at every turn, the State continues to pursue the matter in what appears to be an abuse of authority and waste of tax dollars. At the heart of this issue is transparency, fairness, and basic First Amendment rights, including freedom of the press.

Background:  Avilucea received a court document from a mother trying to obtain media coverage of a case involving a state report that affected her family and child. The mother disagreed with the findings in the report. The state claimed the documents were illegally obtained and sought a prior restraint order against The Trentonian and threatened Avilucea with criminal charges.

“Prior restraint is when the government tries to censor reporters for something they might publish,” SPJ-NJ explains in its statement, and “it is virtually unheard-of in the United States.” Further, neither The Trentonian nor Avilucea revealed the name of the child in the case.

 

Suppressing the Rights of Parents and Criminalizing Journalism:
A Statement from the NJ Society of Professional Journalists
April 5, 2017