David S. Bralow, of counsel in the Media, Communications and Entertainment Practice Group of Pepper Hamilton, and Eli Segal, an associate and a member of the firm's Media and Commercial Litigation Practice Group, were quoted in the March 30, 2017 NorthJersey.com article, "Judge Lifts Censorship Order in Victory for Newspaper."
"We want to thank Judge DeBello for affirming and protecting important First Amendment values today," David Bralow, an attorney for The Trentonian at the Philadelphia law firm Pepper Hamilton, said Thursday. "From the time that the Trentonian learned of the unfortunate order, it has expended significant effort to protect its and its reporter’s First Amendment rights. We are vindicated today."
Censoring the press is more serious than a criminal penalty because it “doesn’t just chill speech; it freezes it altogether,” one of the newspaper's attorneys, Eli Segal, argued in January.
“Prior restraints on speech and publication are the most serious and least tolerable infringement on First Amendment rights,” Segal argued, quoting from the U.S. Supreme Court’s 1976 decision in Nebraska Press Association v. Stuart.
Segal cited the Pentagon Papers case during the hearing and argued that the Trenton child-abuse case continued to be worth the public’s attention. New Jersey state officials had not cleared the very high bar required by the U.S. Supreme Court for censorship of the press, he said.