Randy Senna, T/A Flippers Fascination, Plaintiff-Appellant v. Walter Florimont and 2400 Amusements, Inc., T/A…

Summary

The New Jersey Supreme Court reversed the summary‑judgment dismissal and held that false, defamatory statements made by a boardwalk barker about a competitor constitute commercial speech, not protected by the actual‑malice standard; the negligence standard applies. The case is remanded for further proceedings consistent with that rule.