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NJ A1405
Bill
Status
1/13/2026
Primary Sponsor
Ellen Park
Click for details
AI Summary
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Public officials suing for defamation related to their official conduct must prove the statement was both false and made with "actual malice" to recover damages
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"Actual malice" is defined as knowledge that the statement was false or reckless disregard for whether it was false
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Truth is an absolute defense against defamation claims by public officials
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"Public official" includes those elected to office, appointed by the Governor (with Senate consent or serving at the Governor's pleasure), or appointed by elected officials/governing bodies with required approval
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Codifies into New Jersey state law the First Amendment standard established by the U.S. Supreme Court in New York Times Co. v. Sullivan (1964)
Legislative Description
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.
Judiciary
Last Action
Introduced, Referred to Assembly Judiciary Committee
1/13/2026