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·1/13/26
Introduced Text

New Jersey A1405 codifies the U.S. Supreme Court ruling on defamation suits by public officials, requiring proof of actual malice.

New Jersey A1405 codifies the United States Supreme Court ruling on defamation suits by public officials, requiring the official to prove the statement was false and made with actual malice. "Actual malice" means the statement was made with knowledge that it was false or with reckless disregard of whether it was false or not. The bill also codifies the principle that proof of the truthfulness of the allegedly defamatory statement is an absolute defense against any recovery by the public official. This law aims to protect freedom of speech and ensure robust debate on public issues.

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Where it stands

Current
Judiciary Committee
Next
Committee decision

Sponsors

DD
2
0
Democratic CaucusRepublican Caucus

History

Jan 13

Assembly

Introduced, Referred to Assembly Judiciary Committee