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 judgment, holding that the Ocean County Observer’s article was not protected by the fair‑report privilege because it was not a full, fair, and accurate account of the judicial proceeding, and that Lieutenant Costello is a public official who must meet the actual‑malice standard, which he failed to prove. Accordingly, summary judgment was entered for the defendants. Justice O'Hern, in a concurring opinion, argued that the Court narrowed the fair‑report privilege too much and would have held the privilege applied.