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A1405 • 2026

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.

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.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor
Park, Ellen J.
Last action
2026-01-13
Official status
Introduced, Referred to Assembly Judiciary Committee
Effective date
Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

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.

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.

What This Bill Does

  • 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.
  • Topic: Judiciary Fiscal note: This bill has not been certified by OLS for a fiscal note.

Limits and Unknowns

  • This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

  1. 2026-01-13 New Jersey Legislature

    Introduced, Referred to Assembly Judiciary Committee

Official Summary Text

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.
Topic:
Judiciary
Fiscal note:
This bill has not been certified by OLS for a fiscal note.

Current Bill Text

Read the full stored bill text 
A1405

ASSEMBLY, No. 1405

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblywoman ELLEN J. PARK

District 37 (Bergen)

Assemblywoman ROSAURA "ROSY" BAGOLIE

District 27 (Essex and Passaic)

SYNOPSIS

���� 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.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act
concerning freedom of speech and supplementing Title 2A
of the New Jersey Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.� a.� 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.�

���� b.� In any action pursuant to
subsection a. of this section, proof of the truthfulness of the allegedly
defamatory statement shall be an absolute defense against any recovery by the
public official.

���� c.� As used in this section:

���� �Actual malice� means that the
statement was made by the defendant with knowledge that it was false or with
reckless disregard of whether it was false or not.� �����������

���� �Public official� means a
person elected or appointed to a public office.

���� �Elected or appointed to a
public office� means the person was appointed by the Governor to a position that
requires the advice and consent of the Senate; the person was appointed by the
Governor to serve at the pleasure of the Governor during the Governor�s term of
office; the person was appointed by an elected public official or elected
governing body of a political subdivision of the State to a position that
requires the specific consent or approval of the elected governing body of the
political subdivision; the person was elected to any office filled at an
election by the voters at a general election or special election; or the person
was appointed or elected to fill a vacancy in an elected office.

���� 2.� This act shall take effect
immediately.

STATEMENT

���� 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.