Presented in cooperation with NJSBA Local Government Section
As a group, New Jersey residents are not shy, retiring or reticent in nature. We like to say what is on our minds, and as a state, we have an expressed a public policy of encouraging robust and open debate about matters of public concerns. In the past, traditional media outlets were the most likely targets of defamation suites. However, with the explosion of the internet, blogs, and social media, the pool of potential defendants is deeper, but the anonymity afforded by internet poses unique challenges in defamation litigation. As social media and the internet continue to evolve, so does defamation law. This entirely new seminar will provide you with a comprehensive overview of defamation law and the unique litigation challenges faced by parties involved in defamation suits.Gain an understanding of the law surrounding defamation in New Jersey, including:• What is publication and what is material fact? • What is considered publication by the internet? • Is publication on the internet different than publication in traditional form? • Can internet service providers be forced to identify anonymous posters?• The Reporter’s Shield Law and who is considered a journalist on the internet? Are bloggers journalists?• Statute of Limitations for defamation suits • The single publication rule • Non-party subpeonas • Procedural requirements regarding expedited discovery • The Dendrite case and test • Establishing a prima facie case • Actionable statements of fact v. rhetorical hyperbole • Truth as an absolute defense • How complaints and political issues referred to a prosecutor's office are handled and responded • Malicious prosecution • Damages NJ CLE information: This program has been approved by the Board on Continuing Legal Education of the Supreme Court of New Jersey for 3.6 hours of total CLE credit.