Bruce S. Rosen Representing Journalist and Publisher in “Unconstitutional Prosecution” for Refusing to Unpublish Reports
Bruce S. Rosen, partner at Pashman Stein Walder Hayden P.C., has received extensive media coverage for representing Red Bank Green publisher Kenny Katzgrau and its editor Brian Donohue, who are accused of violating a state law prohibiting the disclosure of expunged criminal records for refusing to remove mention of an expunged arrest from a police blotter published in August 2024, despite the arrest having been expunged in March 2025.
Rosen argued that the prosecution of Donohue and Katzgrau should be dismissed and expunged, citing a New Jersey Supreme Court decision that this type of prosecution violates free speech provisions in the U.S. and State Constitutions. He pointed to court decisions finding that “news organizations do not have a duty to retract, remove or update previously-published true stories based on subsequent developments”, and that those developments “cannot undo historical facts or convert once-true facts into falsehoods.”
"Publication of truthful information on matters of public significance cannot be punished unless it involves a state interest of the highest order," Bruce Rosen wrote in a motion to dismiss the charges. "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 [has] taken place…. The issuance of probable cause in this matter is plain legal error, this prosecution is unconstitutional and in fact unfathomable, and the matter should be promptly dismissed."
The Freedom of the Press Foundation Advocacy Director Seth Stern also argued that the charges are unconstitutional in a written statement, “Prosecuting journalists for declining to censor themselves is alarming and blatantly unconstitutional, as is ordering the press to unpublish news reports. Any prosecutors who would even think to bring such charges either don’t know the first thing about the Constitution they’re sworn to uphold, or don’t care. Failure to immediately correct and apologize for this inexplicable error would put prosecutors’ competence in doubt and warrant investigation of whether they should keep their law licenses.”
The case has received extensive media attention.
To read about the case in the New Jersey Globe, click here.
To read about the case in Reason.com, click here and here.
To read about the case in Freedom of the Press Foundation, click here.
To read about the case in Editor and Publisher, click here.
To read about the case in Media Nation, click here.
