NJ S2348

Bill

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.

Introduced
01/13/2026

In Committee
01/13/2026

Crossed Over

Passed

Dead

Introduced Session

2026-2027 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 would codify a legal standard established by the United States Supreme Court in the landmark case *New York Times Co. v. Sullivan*, which protects speech about public officials. Specifically, it states that if a public official (defined as someone elected or appointed to a public office, with detailed criteria for what constitutes such an office) sues for defamation—meaning a false statement that harms their reputation—related to their official duties, they cannot win damages unless they prove two things: first, that the statement was actually false, and second, that the person who made the statement did so with "actual malice." Actual malice means the defendant knew the statement was false when they made it, or they acted with reckless disregard for whether it was true or false, essentially not caring if it was true or not. The bill also reinforces a long-standing legal principle that proving the truth of a statement is an absolute defense against a defamation claim, meaning if the statement is true, the public official cannot win their case, regardless of intent. This legislation aims to ensure that public debate about government and officials remains open and robust, even if it involves sharp criticism, as recognized by the Supreme Court.

Committee Categories

Justice

Sponsors (1)

John McKeon (D)*,

Last Action

Introduced in the Senate, Referred to Senate Judiciary Committee (on 01/13/2026)

Official Document

https://www.njleg.state.nj.us/bill-search/2026/S2348

(3 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.njleg.state.nj.us/bill-search/2026/S2348
BillText	https://pub.njleg.gov/Bills/2026/S2500/2348_I1.HTM

Bill	Bill Name	Last Action	Type
A1405	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.	Introduced, Referred to Assembly Judiciary Committee	Same As
A5262	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.	Reported and Referred to Assembly Oversight, Reform and Federal Relations Committee	Carry Over
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.	Introduced in the Senate, Referred to Senate Judiciary Committee	Carry Over

Bill > S2348

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (1)

Last Action

Official Document

bill text

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