James Costello, Plaintiff-Appellant v. Ocean County Observer, Whit Andrews and John Doe, a Fictitiously Named…

Summary

The Supreme Court of New Jersey affirmed the Appellate Division's grant of summary judgment to the Ocean County Observer and its reporter, holding that the fair‑report privilege did not apply because the article was not a full, fair, and accurate report of the official proceeding, and that Lieutenant Costello is a public official who must prove actual malice, which he failed to do. Justice O'Hern, concurring, argued that the Court narrowed the fair‑report privilege more than required.