Jersey City officials muzzle press at event, ban recording, social posts, police photos

JERSEY CITY — Officials barred journalists who attended an event at Jersey City Hall on Wednesday from recording audio or video, or posting about the event on social media, whether on personal accounts or those of their news outlets.

A photojournalist was also told he could not take pictures of police in the foyer of City Hall. When he did so, he was told he would not be allowed back to photograph events.

The event, a flag-raising ceremony in honor of Israel, was organized by Jersey City and the city’s Office of Cultural Affairs to celebrate 77 years of Israel’s independence. It was widely promoted on Jersey City’s official websites and social media pages, and the public was encouraged to attend.

Mayor Steve Fulop, who is running for governor in the Democratic primary, spoke at the event and handed out certificates. Event sponsors included the Israeli American Council, the Anti-Defamation League, and the Jersey City Jewish Association. The event was held in the City Hall council chambers.

Photojournalist Andres Kudacki went to the event to take photos for The Jersey Vindicator after reading about it on social media. When he arrived outside City Hall, he was told by Fulop’s press secretary, Kimberly Wallace-Scalcione, that it was an invite-only event and that the media outlet never confirmed attendance. It wasn’t clear what Wallace-Scalcione meant by invite only — whether she was talking about the press or the public, given that the event was promoted widely online.

Never miss a story. Sign up for our free newsletter.

“I don’t even have to let you in,” she said. “You guys never told me you were coming. It’s invite-only. I’m doing a favor because you are here, and I feel bad.”

Wallace-Scalcione told Kudacki to acknowledge verbally that he would not record the event or post anything on social media. She said his verbal agreement not to post on social media was a “legally binding agreement in the state of New Jersey.”

Kudacki did not agree and instead said he was in attendance for The Jersey Vindicator, and his news outlet was the decision-maker. She then told him to make sure his news desk understood that nothing could be posted on social media.

As Kudacki was leaving the event, he was about to take a photo of police officers in the City Hall foyer. Wallace-Scalcione told him that it wasn’t allowed. Knowing his rights, he took a photograph anyway. He said Wallace-Scalcione then told him, “You will not get to enter again.”

A reporter from the local news website Slice of Culture was allowed into the event and was also told not to record or post to social media. The reporter was not allowed to go on the balcony for the flag raising.

Investigative reporting by New Jerseyans for New Jerseyans. Help us uncover untold stories in New Jersey. Donate to our nonprofit newsroom today.

Fulop, one of six Democrats running to be the next governor of the state, has promoted transparency as a pillar of his campaign. He released a campaign policy paper on the issue last June, defending the Open Public Records Act and criticizing legislation to weaken it. His actions in Jersey City make some open government advocates wonder if he is giving lip service to transparency.

The Jersey Vindicator reached out to Wallace-Scalcione for clarification about Jersey City’s press policies Wednesday evening and Thursday. She did not respond to follow-up emails, though read receipts show she opened an email from The Vindicator Thursday morning.

Jennifer Borg, a media lawyer at Pashman Stein Walder Hayden P.C. in Hackensack, told The Jersey Vindicator there aren’t any valid privacy concerns that would justify telling a photographer he cannot take photos or videos of a flag-raising event that was open to the public, held on city property and organized and sponsored by the city.

“New Jersey has a longstanding recognition that the press’s right to record the activities of City Hall further serves the value of open government,” Borg said. “And at the end of the day, banning photography and recording is a disservice to the public. The press serves a valuable role as the ‘eyes and ears’ of the public to inform them of what transpired when they cannot attend or access information.”

Borg said denying the press access to the event unless they agreed not to post anything to social media is an unconstitutional prior restraint.

“Were members of the public likewise prohibited from posting to social media, or was that restriction merely for the press?” Borg said. “Given the controversy surrounding this event, the more people covering the event and commenting on it, the better. Was the social media prohibition an attempt by city officials to control the narrative?”

Borg also said the attempt by Wallace-Scalcione to prevent the photographer from taking photos of police was problematic. In New Jersey, everyone has the legal right to record police officers doing their jobs as long as they aren’t interfering with the officers’ duties. Borg stressed that it’s a right everyone has, not just the press.

“Jersey City officials should know that they cannot retaliate against a member of the press for lawfully engaging in newsgathering activities,” she said. “They are currently involved in a lawsuit which alleges exactly that.”

Borg is a fellow and clinical lecturer at Yale Law School, where she is representing the Jersey City Times in its federal lawsuit against Fulop and Wallace-Scalcione for removing the Times and its editor from the city’s press list in retaliation for publishing stories critical of the mayor.

According to the complaint, Fulop and Wallace-Scalcione blacklisted the Jersey City Times following a article that criticized the mayor’s record on public safety.

The Jersey City Times routinely received press list emails until May 20, 2021, when the local news outlet published an article written by founder Aaron Morrill that disputed Fulop’s characterization of crime statistics in Jersey City, claiming crime had decreased. Rather than contacting the Jersey City Times to dispute the reporting or request a correction, Fulop and Wallace-Scalcione allegedly retaliated against the news outlet by removing it from the press list without prior notice or explanation. The outlet also stopped receiving event invitations.

“Such retaliation against protected speech is anathema to the First Amendment and threatens to stifle the free flow of information upon which our democracy depends,” reads the lawsuit, which was filed in December 2023 and is still ongoing.

On the national level, President Trump has attempted to restrict access to events by journalism organizations when he doesn’t like how they cover his administration. The Associated Press was denied access to press events held by the administration. Last month, a judge ordered the White House to restore The Associated Press’s full access to President Trump, finding that the effort to ban the outlet over objections to its coverage violated the First Amendment.