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Publications

Borough Invokes Automatic Fee for OPRA Requests

The Borough of Flemington has made the news recently when it voted to impose an automatic special service charge on all OPRA requests that the Custodian estimates will take over two hours to fulfill. When the Custodian receives such a request, she will provide an estimate to the requestor who will then have to pay one-third of the costs in advance.… Read more

Cohen Probably Weighing His Options More than Anything

Speculation has been rampant among those in the media and the political world for the past 24-hours about unrefuted news stories that Michael Cohen, President Trump's long-time personal "lawyer," is about to switch lawyers and whether or not this switch is a signal that he will plead guilty to some charges and incriminate Trump. Before people take too long a lead off first base on this sensational possibility, however, the circumstances suggest to me that Cohen is more likely weighing his options rather than already having crossed the Rubicon.… Read more

Scutari Offers a New Legislative Approach

Until now, New Jersey's strategy for marijuana legalization has been to address medical marijuana separately from recreational marijuana. Thus, as we have previously reported, Governor Murphy and the Department of Health have been working to rapidly expand the medical program, while the Legislature separately hashes out legislation on full legalization.… Read more

Court Issues Jail Death Records Opinion

On June 4, 2018, the Appellate Division issued an unpublished OPRA opinion titled Benedetto v Russo and Union County. While the opinion is not binding on lower courts because it is unpublished, we think it is helpful in several ways.… Read more

The Use of Prior Restraints on Publication in the Age of Wikileaks

As James Madison put it, "A popular Government, without popular information, or the means of acquiring it, is but a Prologue to a Farce or a Tragedy; or, perhaps both. Knowledge will forever govern ignorance: And a people who mean to be their own Governors, must arm themselves with the power which knowledge gives." Free speech is essential to effective self- government. A democracy cannot function if its citizens do not know what their government is doing.… Read more