This is a sensible action by the New Jersey Supreme Court in response to an absurd ruling by an appellate court. Hopefully this is the prelude to that ruling that overturns a decision that would expose newspapers (and others) to civil liability for repeating information found in public records and court filings.

The New Jersey Supreme Court has suspended a state appellate court ruling that said a newspaper can be sued for libel for reporting allegations from a lawsuit before any court proceedings have taken place.

The one-page order issued yesterday puts a hold on the November 2008 decision by the appeals panel, but does not reverse it.

The appeals court decision stemmed from a March 2006 story in The Record of Bergen County. It reported a federal bankruptcy court complaint alleging that Thomas John Salzano misappropriated money from a now-defunct Newark telecommunications company.

Salzano filed suit against the newspaper, saying the allegations in the complaint were unfounded.

The appeals court decision reversed a lower court ruling that dismissed the libel claim.

This goes right to the heart of the First Amendment and the right of the people to know what is going on in the courts. After all, court filings are public documents related to the administration of justice – and if a report about the allegations in a lawsuit (or criminal complaint) are accurate, it is really irrelevant whether or not the underlying allegation is true. After all, could you imagine, for example, OJ Simpson suing after his acquittal on murder charges on the basis that news reports defamed him? That is precisely what the appellate ruling would permit – making reporting on the courts a dangerous proposition for the press.

Posted by: Greg at 01:15 PM | No Comments | Add Comment
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