New Jersey

Removing photo credit creates DMCA liability

Aaron Mackey | Libel | Feature | June 16, 2011
June 16, 2011

Individuals who physically remove credit lines attached to photographs violate a federal law that prevents people from stripping out copyright ownership information from works, the U.S. Court of Appeals in Philadelphia (3rd Cir.) ruled earlier this week.

N.J. shield law not limited to professional journalists

Aaron Mackey | Reporter's Privilege | Feature | June 7, 2011
June 7, 2011

A New Jersey Supreme Court decision announced Tuesday should make it easier for individuals associated with online publications and traditional media to invoke the protections of the state’s shield law.

NJ court: High costs is denial of access; awards atty's fees

Christine Beckett | Freedom of Information | Feature | April 29, 2011
April 29, 2011

The appellate division of the Superior Court of New Jersey awarded attorney's fees to a records-access plaintiff Monday in Smith v. Hudson County Register even though he was able to access and copy the records he sought.

Study: municipal clerks confused about records laws

Christine Beckett | Freedom of Information | Feature | February 2, 2011
February 2, 2011

Municipal clerks in New Jersey reported a lack of understanding of their legal obligations under the state Open Public Records Act, a study from Monmouth University published Jan. 31 found. The study also found that clerks have seen an increase in records requests in recent years.

Expungment of criminal records doesn't make report false

Kacey Deamer | Libel | Feature | January 31, 2011
January 31, 2011

The New Jersey Supreme Court ruled Monday that reports of crimes are not necessarily libelous just because the criminal records have been expunged. The court in G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. reversed a trial judge's holding that the use of expunged information could be libelous.

Amicus brief in Too Much Media, LLC v. Hale

December 7, 2010

Urging the New Jersey Supreme Court to reject the Appellate Division's alarmingly restrictive view of who qualifies as a journalist and its implication that a trial court must conduct a full, potentially intrusive hearing to determine whether a person claiming protection under the state shield law is entitled to such.

Court allows libel suit to proceed without proof of damages

Rosemary Lane | Libel | Feature | September 30, 2010
September 30, 2010

A New Jersey appellate court ruled Monday that a man involved in a defamation suit regarding online child sexual abuse accusations will be allowed to proceed without proving damages, an unusual move departing from the standard of requiring proof of damages in defamation suits.

N.J. high court says fair report privilege applies to pretrial filings

Cristina Abello | Libel | Quicklink | May 12, 2010
May 12, 2010

The New Jersey Supreme Court on Tuesday ruled that journalists who report accurately from court filings are protected from defamation suits.

New Jersey appeals panel says off-site county records are public

Miranda Fleschert | Freedom of Information | Quicklink | May 11, 2010
May 11, 2010

A New Jersey appeals panel ruled Thursday that county governments cannot circumvent public records requests by housing documents at off-site locations, the Philadelphia Inquirer reported.

The state Open Public Records Act is silent on whether government records must be maintained in-house in order to be considered public, but yesterday’s decision closes that loophole.

New Jersey appeals court concurs that blogger is not a journalist

Cristina Abello | Reporter's Privilege | Quicklink | April 23, 2010
April 23, 2010

A New Jersey appeals court on Thursday affirmed a lower court's ruling that said a libel defendant could not use the reporter's shield law because not all bloggers are journalists, and the defendant was not engaged in journalism.

The plaintiff, Too Much Media, sued Shellee Hale in New Jersey after she posted comments stating that the company, which works with websites in the adult entertainment industry, was profiting from a security breach in its program.