U.S. Press Freedom Tracker

Publisher charged for refusing to unpublish police blotter entry on NJ news site

Incident details

Date of incident
June 27, 2025

Arrest/Criminal Charge

Arresting authority
Red Bank Borough Municipal Court
Charges
Unnecessary use of force?
No
SCREENSHOT

A portion of a June 27, 2025, criminal complaint against Kenny Katzgrau, publisher of hyperlocal news website Redbankgreen, charging him and reporter Brian Donohue after they refused to unpublish details of an arrest in Red Bank, New Jersey.

— SCREENSHOT
June 27, 2025

Kenny Katzgrau, publisher and co-owner of hyperlocal news website Redbankgreen, was issued a summons by a municipal court in Red Bank, New Jersey, on June 27, 2025, after he refused to unpublish details about an arrest obtained from a local police blotter.

According to the complaint and summons, Red Bank resident Kyle Pietila was arrested in August 2024, details of which were published by Redbankgreen on Sept. 18, alongside other crime and arrest reports provided by the Red Bank Police Department.

The outlet updated its article after the arrest was expunged in March 2025, noting that Municipal Court Judge Frank LaRocca ordered that the arrest “shall be deemed to have not occurred.”

In an email shared with the U.S. Press Freedom Tracker, Katzgrau wrote that it is a long-held Redbankgreen policy “to never erase the record of events that actually took place — but to add a note of dismissal or expungement on request (which we did for the current case).”

“We also request de-listing from search indexes after two years so that nobody is searchable in Google — but the archive/record of events remains intact,” he added.

The news site specifies this policy at the bottom of each police blotter report, along with the disclaimer, “An arrest is not a finding of guilt: that’s something for a court to decide. redbankgreen publishes this information in continuation of a great American newspaper tradition because we believe it has community value.”

In a complaint dated June 13, Pietila wrote that he provided Redbankgreen with his “dismissal/expungement paperwork” multiple times and that the outlet had refused to remove the content from the site.

LaRocca ruled on June 26 that there was probable cause to charge Katzgrau and reporter Brian Donohue with disclosing the existence of an arrest that has been expunged or sealed. According to the criminal code, both face a maximum fine of $200.

Katzgrau wrote that they intend to fight the charges, arguing that “legislation cannot force the deletion of facts that were known, wholly truthful, and obtained lawfully when published by news outlets.”

Freedom of the Press Foundation, of which the Tracker is a project, condemned the arrest and called it the “latest in a string of egregious press freedom violations by local police and prosecutors across the country.”

“Prosecuting journalists for declining to censor themselves is alarming and blatantly unconstitutional, as is ordering the press to unpublish news reports,” FPF Advocacy Director Seth Stern said. “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.”

The U.S. Press Freedom Tracker catalogues press freedom violations in the United States. Email tips to [email protected].