Bill Text: NJ A5262 | 2024-2025 | Regular Session | Introduced
Bill Title: Codifies United States Supreme Court ruling that in defamation suit, public official must prove defendant had actual malice: knowledge that defendant's statement was false or reckless disregard of whether it was false.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2025-02-10 - Introduced, Referred to Assembly Judiciary Committee [A5262 Detail]
Download: New_Jersey-2024-A5262-Introduced.html
Sponsored by:
Assemblywoman ELLEN J. PARK
District 37 (Bergen)
SYNOPSIS
Codifies United States Supreme Court ruling that in defamation suit, public official must prove defendant had actual malice: knowledge that defendant's statement was false or reckless disregard of whether it was false.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning freedom of speech and supplementing Title 2A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. In an action for damages by a public official for defamation relating to official conduct by the public official, the public official is barred from recovery unless the public official proves that the allegedly defamatory statement was false and was made with actual malice.
b. In any action pursuant to subsection a. of this section, proof of the truthfulness of the allegedly defamatory statement shall be an absolute defense against any recovery by the public official.
c. As used in this section:
"Actual malice" means that the statement was made by the defendant with knowledge that it was false or with reckless disregard of whether it was false or not.
"Public official" means a person elected or appointed to a public office.
"Elected or appointed to a public office" means the person was appointed by the Governor to a position that requires the advice and consent of the Senate; the person was appointed by the Governor to serve at the pleasure of the Governor during the Governor's term of office; the person was appointed by an elected public official or elected governing body of a political subdivision of the State to a position that requires the specific consent or approval of the elected governing body of the political subdivision; the person was elected to any office filled at an election by the voters at a general election or special election; or the person was appointed or elected to fill a vacancy in an elected office.
2. This act shall take effect immediately.
STATEMENT
This bill would codify the standard set by the United States Supreme Court concerning civil suits for defamation brought by public officials. In New York Times Co. v. Sullivan, 376 U.S. 254 (1964), the court ruled that in an action for damages by a public official for defamation relating to official conduct by the public official, the public official is barred from recovery unless the public official proves that the allegedly defamatory statement was false and was made with actual malice. This bill embodies that standard.
In addition, the bill codifies the longstanding common law principle that proof of the truthfulness of an allegedly defamatory statement is an absolute defense against any recovery by the public official.
As noted by the court: "The First Amendment requires that debate on public issues should be uninhibited, robust, and wide open, and such debate may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials." See Sullivan at 270.
