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Bruce Rosen Quoted in New Jersey Monitor Regarding Anti-SLAPP Lawsuit

New Jersey Monitor

Bruce Rosen, partner at Pashman Stein Walder Hayden P.C., was recently quoted in a New Jersey Monitor article titled “Republicans Challenge of Defamation Case Tests New State Law Targeting Frivolous Lawsuits.” The article discusses the recent application of New Jersey’s anti-SLAPP law, which Gov. Phil Murphy signed in September and took effect in early October.

In Englewood Cliffs, three Republicans, a mayor and two borough council members, were ordered by a judge to retract claims, publish a public apology, and make no further statements about a man who serves on the borough’s special counsel, claiming the speech was defamatory.

The Republicans’ attorneys say the defamation lawsuit suppresses legitimate speech on matters of public concern, and the judge’s order violates the First Amendment, which usually bars the government from prohibiting future speech and compelling people to say things they don’t want to say, like an apology.

Bruce Rosen, who helped craft New Jersey’s anti-SLAPP law and testified in support of its passage, called the Englewood Cliffs case “patently frivolous” and “the perfect application of the new anti-SLAPP law.”

The prior restraint — when you’re told you can no longer say something — is the most outrageous part of it. It’s a First Amendment violation. This is government speaking about government. It’s at the core of free speech. So it’s going to get the highest protection from all courts, or it should,” said Rosen.

To read the full article, click here.

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