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DURANDO v. NUTLEY SUN

A-105 September Term 2009.

37 A.3d 449 (2012)

209 N.J. 235

Ronald DURANDO and Gustave Dotoli, Plaintiffs-Appellants, v. The NUTLEY SUN and North Jersey Media Group, Inc., Defendants-Respondents.

Supreme Court of New Jersey.

Reargued November 29, 2011.

Decided February 28, 2012.

Attorney(s) appearing for the Case

Glenn M. Finkel argued the cause for appellants (Schepisi & McLaughlin, attorneys; Mr. Finkel and Christopher A. Stewart , Englewood Cliffs, on the briefs).

Bruce S. Rosen argued the cause for respondents (McCusker, Anselmi, Rosen & Carvelli, attorneys; Jennifer A. Borg , Hackensack, and Dina L. Sforza , of counsel; Mr. Rosen and Kathleen A. Hirce , Florham Park, on the briefs).

Thomas J. Cafferty argued the cause for amicus curiae New Jersey Press Association (Gibbons, attorneys; Mr. Cafferty, Nomi I. Lowy , and Lauren James-Weir , Newark, on the brief).

Justice ALBIN delivered the opinion of the Court.

New Jersey's common law provides special protection to speech touching on matters of public concern, even when that speech contains some careless falsehoods. A free and robust press, one that does not engage in self-censorship from fear of ruinous lawsuits, is essential to an enlightened democracy. Our jurisprudence recognizes that the free and unimpaired flow of information...

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