Legal Opinion

G.D. v. Kenny

Supreme Court of New Jersey

Decided January 31, 2011No. A-85 September Term 2009PublishedCited by 89 opinions

1Opinion of the CourtJustice Albin

The primary issue in this case is whether criminal-conviction information, truthfully reported in campaign flyers, is civilly actionable when the conviction is the subject of an expungement order. The secondary issue is whether the “facts” contained in the flyers are sufficiently accurate to merit protection against claims for defamation and related privacy torts.

During a primary contest for State Senate, opponents of candidate Brian Stack issued campaign flyers criticizing him for previously hiring a person with a criminal conviction, plaintiff G.D. One campaign flyer stated that G.D. was “a…

2Cases cited39 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Buckley v. ValeoSupreme Court of the United States · 1976
  3. Near v. Minnesota Ex Rel. OlsonSupreme Court of the United States · 1931
  4. Masson v. New Yorker Magazine, Inc.Supreme Court of the United States · 1991
  5. Time, Inc. v. HillSupreme Court of the United States · 1967

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3Cited by89 opinions

  1. Jason Ali v. Woodbridge Township School DisCourt of Appeals for the Third Circuit · 2020
  2. Hart v. Electronic Arts, Inc.Court of Appeals for the Third Circuit · 2013
  3. Petro-Lubricant Testing Labs., Inc. v. AdelmanSupreme Court of New Jersey · 2018
  4. Dimitrios Fatouros v. Emmanuel LambrakisCourt of Appeals for the Third Circuit · 2015
  5. Martin v. Hearst CorporationCourt of Appeals for the Second Circuit · 2015

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