Prior Restraint: New Jersey press should rally against unconstitutional order

screen-shot-of-trenton-newspaper-article

Screenshot of headline in The Trentonian. Courtesy of SPJ National

If there was ever a time for cooperation and unity to prevail among the press in New Jersey, it’s now.

The order against The Trentonian and Avilucea can’t be allowed to seep into the nation’s proverbial water supply and embolden judges across the country to impose similar unconstitutional restrictions on the press for every leaked government document.

Other news organizations and journalists in New Jersey and surrounding areas should show solidarity by responsibly covering the story at the heart of the document. A dozen or so ethically reported stories on the issue will show Judge Corson he cannot stop a valid news story from seeing the light of day.

Additionally, the editorial arms of news organizations should continue to show support for The Trentonian and Avilucea by explaining to their readers, viewers and listeners why prior restraint is unconstitutional and a blow to the foundation of elements in our democracy.

The Society of Professional Journalists states in its Code of Ethics that public enlightenment is the forerunner of justice and the foundation of democracy. Ethical journalism strives to ensure the free exchange of information that is accurate, fair and thorough.

The Society and its professional chapter in New Jersey issued a statement  against the order.

As the Bill of Rights enshrines the freedoms of speech and press into the U.S. Constitution, so does the state constitution of New Jersey.

“Every person may freely speak, write and publish his sentiments on all subjects, being responsible for the abuse of that right,” according to the document. “No law shall be passed to restrain or abridge the liberty of speech or of the press.”

The order of prior restraint levied against The Trentonian is not only an attack on core American values; it’s also an insult to those New Jersey citizens who hold the rights close to their hearts.

Journalists in New Jersey should realize the danger this order poses to their news organizations, colleagues around the country and democracy. They should diligently work to make sure this story is not silenced and this order does not stand.


andrew-seamanAndrew M. Seaman is the ethics committee chairperson for the Society of Professional Journalists.

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