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Bill > S4101

NJ S4101

NJ S4101
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.

summary

Introduced
02/03/2025
In Committee
02/03/2025
Crossed Over
Passed
Dead
01/12/2026

Introduced Session

2024-2025 Regular Session

Bill Summary

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.

AI Summary

This bill codifies a landmark U.S. Supreme Court ruling from New York Times Co. v. Sullivan (1964) that establishes legal standards for defamation lawsuits involving public officials. Under the bill, a public official can only recover damages for defamation if they can prove that the statement was both false and made with "actual malice" - which is defined as either knowingly making a false statement or showing reckless disregard for its truthfulness. The bill provides a broad definition of "public official" that includes elected officials, those appointed by the Governor or other elected bodies, and individuals who were elected or appointed to fill vacancies in elected positions. Additionally, the bill establishes that proving the truthfulness of a statement serves as an absolute defense against any potential recovery in such a lawsuit. The underlying purpose of the bill is to protect robust public discourse and free speech, ensuring that debates about government and public officials can be vigorous and candid without fear of successful defamation claims. The legislation takes effect immediately upon enactment.

Committee Categories

Justice

Sponsors (1)

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 02/03/2025)
(1 Companion Bills)

bill text

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Document Type Source Location
State Bill Page https://www.njleg.state.nj.us/bill-search/2024/S4101
BillText https://pub.njleg.gov/Bills/2024/S4500/4101_I1.HTM
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