New Jersey Supreme Court Rules Daniel’s Law is Constitutional: Here’s What It Means—and How Judges, Prosecutors, Law Enforcement and DCP&P Investigators Can Be Protected

It is uncontroverted that over the last ten years, the number of threats, harassment, doxing and incidents of violence have increased against our State’s judges, prosecutors and law enforcement officers. The brazen and shocking murder of the son of a District Court Judge and the wounding of her husband at their home brought into focus the need to protect, from public dissemination, certain personal information of these public servants. In response, in 2020, the State enacted Daniel’s Law, shielding from disclosure the private home addresses and unlisted telephone numbers of those who serve our judiciary, in an effort to protect them and their families. Daniel’s Law focuses on the crucial state interest of protecting those families from harm and intimidation so that they may continue to fulfill their civil duties.

Daniel’s Law provides that current and former judges, prosecutors, law enforcement officers, and DCP&P investigators, as well as their immediate family members who reside in the same household (referred to as “covered persons”), can submit a request for protection of their home addresses and unpublished phone numbers to the Office of Information Privacy, within the New Jersey Department of Community Affairs.¹ If the request is approved, the covered person’s home address and phone number will be subject to redaction or nondisclosure, provided that notification is given to the offending person, business, or association. Specifically, under Daniel’s Law a person, business or association shall not disclose or re-disclose on the internet or otherwise make available, the home address or unpublished home telephone number of any covered person upon written notification from the person seeking to prohibit the disclosure or to have the information removed from the Internet or where otherwise made available.² The restrictions on the disclosure of a covered person’s home address go into effect ten (10) business days after the notification is received, so as to provide the person, business, or association with the ability to take steps to maintain the confidentiality of the information.³ If the individual has not registered as a covered person with the Office of Information Privacy or does not provide the requisite notification, his or her home address and unpublished telephone number may be disclosed without consequence.

On June 17, 2025, the New Jersey Supreme Court in Kratovil v. the City of New Brunswick and Police Director Anthony Caputo⁴ determined that Daniel’s Law was constitutional, on the facts of the case, despite Kratovil’s invocation of his First Amendment rights of freedom of the press and freedom of speech that affected the privacy and safety of those public servants. Kratovil, the editor of “New Brunswick Today,” obtained New Brunswick Police Director Anthony Caputo’s home address through an Open Public Records Act (OPRA) request for his voting records. Intending to write an article, Kratovil revealed Director Caputo’s address at a public New Brunswick City Council meeting. As a result, Director Caputo invoked Daniel’s Law and sent Kratovil a formal written notice, as required by Daniel’s Law, notifying Plaintiff that he was a covered person and requested that Kratovil refrain from publishing his exact home address. Although Kratovil had divulged Director Caputo’s home address at the council meeting, no action was taken, as Kratovil had not been placed on notice of Director Caputo’s status as a covered person. Once placed on notice, however, Kratovil was subject to criminal and/or civil penalties should he ignore the Daniel’s Law notification and further publish Director Caputo’s home address.

Kratovil filed an action in the New Jersey Superior Court, seeking to re-publish Director Caputo’s home address without consequence. The Trial Court determined that the street number and name of the street of Director Caputo’s home address was not a matter of public concern and could not be published. The Court also held that Daniel’s Law was narrowly tailored to achieve a State interest of the highest order, and was, thus, constitutional. Accordingly, the Trial Court dismissed the Plaintiff’s complaint. Kratovil then filed an appeal with the New Jersey Superior Court, Appellate Division, which affirmed that Director Caputo’s home address was not a matter of public concern. The Appellate Court further found that the application of Daniel’s Law in this context did not violate constitutional protections and that the law was narrowly tailored and supports a State interest of the highest order.

The Supreme Court’s unanimous decision reaffirmed the constitutionality of Daniel’s Law while also upholding core First Amendment principles, which held that in the specific circumstances before the Court, Director Caputo’s home address relates to a matter of public concern. However, the inquiry did not end there. The Court next determined that Daniel’s Law was enacted to protect and keep safe certain public officials and their families, to allow them to perform their jobs without fear of personal harm or harassment. The New Jersey Supreme Court determined this “is clearly a State interest of the highest order …” Kratovil v. City of New Brunswick.⁵ The Court emphasized that this is not a broad or vague restriction on speech. Instead, the law is narrowly tailored as it only applies to a specific category of individuals, protects limited information (home addresses and unlisted phone numbers), and includes procedural safeguards (the notification with the 10-day waiting period). Because of these limitations, the Court found the law is constitutionally sound, even when applied to lawfully obtained, truthful information.

This is not the first challenge to Daniel’s Law and it will not be the last. We are gratified that each level of our judiciary, after careful examination of the arguments presented and the specific facts of this case, ruled in favor of our clients, the City of New Brunswick and Director Caputo. New Brunswick Mayor James Cahill noted that: “The Supreme Court’s decision underscores the law’s integrity and the importance of maintaining [Daniel’s Law] protections.  We are pleased with the outcome and grateful that the Courts have recognized the validity of our position in defense of this critical statute.”

Daniel’s Law Is Enforceable, and Actionable — But Only If You Are Registered and Vigilant

If you are a public official in New Jersey, the Kratovil decision makes one thing clear: Daniel’s Law is not just symbolic, it is enforceable. Here’s what you need to do to protect yourself and your family:

1. Opt in to Daniel’s Law protections – It is hard to overstate how important this step is. Daniel’s Law only applies if you have officially opted in through the State portal and have notified the necessary agencies. If you believe you are a Covered Person, you may register for Daniel’s Law here. If you have not taken this step, you have no protection under Daniel's Law, regardless of your position or the risks you face. 

2. Know what's covered – Daniel’s Law protects only your home address and unlisted phone number, not your name, job title, or general location. 

3. Send a formal notice under Daniel's Law – If your information is published or re-published, and you have opted in to the protections, you must provide formal written notice under Daniel’s Law. Once you send the notification, the person or entity has 10 business days to either remove the protected information or be prevented from publication before any enforcement measures can be pursued. Once notified, no further republication of the covered person’s home address can occur, without consequences. If this notification is not sent to the person, association, or business, the law cannot be enforced, even if your information is supposed to be protected.

4. Remove your information from public website and records – Once you have opted in, you can request that your address and unlisted phone number be removed from online databases and certain government records. These extra steps help strengthen your privacy beyond Daniel’s Law.

5. Educate those around you – Even if you’ve taken the right steps, your protection under Daniel’s Law is only as strong as the people and systems around you. Make sure your colleagues, supervisors, union representatives, and administrative staff understand what Daniel’s Law is, how it works, and what it means for you. Taking this time helps ensure you and your family’s privacy and safety is respected and may help others protect themselves too.

The lesson from the Kratovil decision is a reminder that public service should not come at the cost of you and your family’s safety and privacy. In a time when personal information is more accessible than ever, Daniel’s Law is a now court-approved tool for safeguarding public officials and their families. If you are eligible, use it.

If you have any questions about Daniel’s Law, please visit the FAQ webpage, which can be found here.

Susan K. O’Connor was the lead counsel representing the City of New Brunswick and Director Caputo in the matter of Kratovil v. City of New Brunswick and Director Caputo. She is a member of Hoagland Longo’s Executive Committee and a leader of the Civil Rights and Employment Litigation practice group.

Special thanks to Alexandrea Williams, who assisted in writing the Supreme Court brief and this blog. She is an Associate in Hoagland Longo’s Civil Rights and Employment Litigation practice group.

^{1 N.J.S.A. 56:8-166.1(d); N.J.S.A. 47:1B-1 to -2.
2 N.J.S.A. 56:8-166.1(a)(2); N.J.S.A. 2C:20-31.1(c).
3 N.J.S.A. 56:8-166(a)(1); N.J.S.A. 2C:20-31.1(b).
4 261 N.J. 1 (2025)
5 261 N.J. 1, 42 (2025)}