Publication policy

How a government spends public funds is a matter of public concern. Criticism of that spending is protected speech.

• A government body cannot maintain a defamation action over criticism of its conduct. New York Times v. Sullivan, 1964. City of Chicago v. Tribune Co., 1923.
• A public official who sues over such criticism must prove actual malice. That is, that the statement was false, and that we knew it was false or published it with reckless disregard for the truth.
• Truth is a complete defense.
• Opinion grounded in disclosed facts is protected.

A jurisdiction or an official who believes a figure is wrong has the corrections policy. Read the corrections policy

It requires a record. A correction that reconciles changes the page.

A documented correction process, used or ignored, is part of the record of any dispute.

In July 2025 the Acting State Comptroller published an investigation of Irvington's misuse of settlement money.

Irvington sued to block it. It lost at the trial court, at the Appellate Division and at the Supreme Court.

The Supreme Court declined review on the day the report was released.

Irvington's defamation suit against the Comptroller was dismissed.

The Uniform Public Expression Protection Act, N.J.S.A. 2A:53A-49 and following, was enacted in 2023. The statute provides the following.

• A suit over speech on a matter of public concern is met with an early special motion to dismiss.
• Discovery is stayed while the motion is pending.
• The plaintiff must establish a prima facie case on every element, including actual malice where it applies.
• A prevailing defendant is awarded attorney fees and costs.