NJ A1405

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 standard established by the United States Supreme Court for defamation lawsuits brought by public officials, meaning it would be written into state law. Specifically, if a public official sues for defamation (harm to their reputation through false statements) related to their official duties, they cannot win damages unless they prove the statement was not only false but also made with "actual malice." Actual malice is defined as the defendant knowing the statement was false or acting with reckless disregard for whether it was true or false. The bill also reinforces a long-standing legal principle that proving the truth of a statement is a complete defense against a defamation claim, aligning with the idea that public debate about government and officials should be open and robust, even if it includes sharp criticism.

Committee Categories

Justice

Sponsors (2)

Rosaura Bagolie (D)*, Ellen Park (D)*,

Last Action

Introduced, Referred to Assembly Judiciary Committee (on 01/13/2026)

Official Document

https://www.njleg.state.nj.us/bill-search/2026/A1405

(3 Companion Bills)

Version:

Document Type	Source Location
State Bill Page	https://www.njleg.state.nj.us/bill-search/2026/A1405
BillText	https://pub.njleg.gov/Bills/2026/A1500/1405_I1.HTM

Bill	Bill Name	Last Action	Type
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
S2348	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	Same As
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 > A1405

summary

Introduced Session

Bill Summary

AI Summary

Committee Categories

Sponsors (2)

Last Action

Official Document

bill text

bill summary

bill summary

bill summary