Shore News Network v. Toms River Township

Shore News, a local outlet covering Ocean County, New Jersey sells display advertising.  The Township of Toms River was a customer, buying monthly ad packages promoting township programs.

On May 13, 2026, the Township Council voted 4–3 to refuse payment for five months of advertising, and said why on video. Council Vice President Thomas Nivison called Shore News “Rodrick’s personal newspaper that he’s using to personally attack us,” referring to Mayor Daniel Rodrick, who feuds with the Council. Council President David Ciccozzi said the paper had to give the Council “equal time” before it would be paid. The Mayor and the Township’s attorney, Jonathan Penney, warned repeatedly during the meeting that this violated the First Amendment and exposed the Township to suit. The Council voted no anyway.

The New Jersey Constitution protects the press even more broadly than the First Amendment, declaring that “[n]o law shall be passed to restrain or abridge the liberty of speech or of the press.” N.J. Const. art. I, ¶ 6. Toms River’s Township Council has forgotten this commitment and requires corrective action. 

Shore News has sued the Township and Councilmen Nivison and Ciccozzi individually under 42 U.S.C. § 1983 for First Amendment retaliation, viewpoint discrimination, unconstitutional conditions, and compelled speech (Miami Herald Publishing Co. v. Tornillo), and for violating the Contracts Clause. It also brings claims under the New Jersey Constitution, the New Jersey Civil Rights Act, and for breach of contract.

The case is ongoing.

In this case, we have the privilege and honor of serving as co-counsel with Vincent Verdiramo, Esq.