First Amendment topicsAbout the First Amendment
News Story
 
print this   Print

N.J. newspaper can be sued for reporting allegations from lawsuit

By The Associated Press
11.20.08

NEWARK, N.J. — A state appeals court has ruled that a newspaper can be sued for libel for reporting allegations from a lawsuit before any court proceedings have taken place.

The Nov. 12 ruling reversed a lower court decision that dismissed a libel claim against The Record of Bergen County brought by Thomas John Salzano, who alleged the newspaper defamed him in 2006 by reporting a federal bankruptcy court complaint that alleged he misappropriated money from a Newark telecommunications company.

The court said in Salzano v. North Jersey Media Group Inc. that The Record was not privileged to “republish alleged defamatory statements within a bankruptcy court complaint” and that the newspaper did not demonstrate the allegations were true or non-defamatory.

Salzano, whose father was chief managing officer of the company, represented himself in the appeal. He praised the ruling for “ensuring integrity in reporting while protecting private citizens” from false allegations.

Media lawyers say the decision is a restriction on the “fair report privilege” that allows newspapers to report allegations made in court documents. Jennifer Borg, an attorney for the newspaper, said the decision would have a “chilling effect” on a newspaper’s ability to gather news. Borg said The Record planned to appeal the ruling to the state Supreme Court.

Thomas Cafferty, a lawyer representing the New Jersey Press Association, said that organization would join in the appeal.


Update
N.J. high court puts newspaper libel ruling on hold
Justices are considering whether to hear appeal of lower court decision that allowed The Record to be sued for reporting allegations from lawsuit. 01.14.09

Related

Libel suit against Texas newspaper, TV station tossed

False report that man was a sex offender was based on official police information, state appeals court rules. 06.19.06

Ill. high court upholds 'fair report' privilege in defamation case

Justices affirm key legal protection that lets journalists report on allegations made in court, other official proceedings, whether they're true or not. 06.22.06

Libel & defamation


News summary page
View the latest news stories throughout the First Amendment Center Online.



Last system update: Tuesday, February 9, 2010 | 12:33:16
 SEARCH  MORE
About this site
About the First Amendment
About the First Amendment Center
How to contribute
Video/RSS/podcasts
First Amendment programs
State of the First Amendment
reports

Religious liberty in public schools
First Reports
Supreme Court
Columnists
Experts
First Amendment publications
First Amendment Center history
Glossary
Freedom Sings™
Events
First Amendment
Schools

Congressional Research Service reports
Guest editorials
FOI material
The First Amendment
Library

Lesson plans
freedomforum.org
Newseum
Contact us
Privacy statement
Related links