A Superior Court judge has rejected most of the New Brunswick Board of Education’s attempt to prevent New Brunswick Today from publishing surveillance video of a student bringing a weapon into New Brunswick High School, ruling that the news outlet may republish the footage so long as it protects the identities of students shown in the video.
The July 9 ruling by Middlesex County Superior Court Judge Thomas Daniel McCloskey largely dismantles an earlier order that barred New Brunswick Today from publishing both the surveillance footage and even descriptions of what it depicted. While the judge refused to impose the broader injunction sought by the Board of Education, he required the news outlet to blur or otherwise obscure the faces and identifying features of every juvenile in the video before republishing it.
The dispute began after New Brunswick Today published what it said was security camera footage showing a student entering New Brunswick High School on May 8 with a concealed weapon. The weapon was later discovered during a security screening.
An attorney representing the school district then contacted editor Charlie Kratovil, demanding that he remove the footage or face legal action. The attorney also sought information about how Kratovil obtained the video.
Kratovil refused both requests. New Jersey’s shield law provides strong protections for journalists against efforts to compel disclosure of confidential sources and unpublished newsgathering materials.
On May 29, McCloskey ordered New Brunswick Today to remove the video and prohibited the outlet from publishing descriptions of its contents pending further proceedings. The parties returned to court on July 7.
The initial order drew swift condemnation from the New Jersey Press Association, of which the New Jersey Globe is a member.
“That kind of order, where a government agency uses the courts to stop a news organization from publishing news, is one of the most serious threats to the free press that exists,” the NJPA said in a statement. “It lets those in power shape the story on their own terms, without scrutiny or challenge from reporters on the ground.”
In his July 9 decision, McCloskey vacated the blanket prohibition on future publication of school surveillance footage and lifted the restriction on reporting about the May 8 incident.
The judge ruled that New Brunswick Today may republish the video after blurring the faces and identifying features of every juvenile shown in the footage. The outlet also must withhold the students’ names and other identifying information and submit the edited video to the court and counsel for the Board of Education before republishing it.
Kratovil criticized the requirement that the court and the Board review the edited video before it is released, saying the newspaper intends to appeal. He also faulted the school district for spending taxpayer money on outside legal counsel.
“The New Brunswick Board of Education sued us to suppress the truth and then voted to waste even more taxpayer money hiring an outside law firm to help silence us,” Kratovil said.
“The Judge is now ordering us to seek and receive approval from the BOE before releasing the video that shows what actually happened that day. That’s the kind of government censorship the First Amendment was intended to prevent, so we will appeal,” he said.