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Thursday, February 12, 2015

Rutgers Dr. of Law: Lane Bajardi and Kim Cardinal Bajardi defamation claims were not "clearly false"

The smoke has not cleared from the thunderous explosion Tuesday morning with Judge Patrick Arre's decisive legal opinion detonating a two and half year lawsuit against political speech in Hoboken.

A Rutgers law professor weighed in on Judge Patrick Arre's legal decision on PolitickerNJ which continues to offer the most comprehensive coverage on the Hoboken blogger case and how both the First Amendment and NJ State Constitution apply.

In an article yesterday, Frank Askin, a Distinguished Professor of Law at the Rutger School of Law-Newark and director of the school's constitutional rights clinic stated in no uncertain terms, defamation law in New Jersey is very clear and in the case of Lane Bajardi and Kim Cardinal Bajardi, the merits of their case entirely failed for clear legal reasons.

"These are not factual claims that are clearly false," Askin is quoted saying. "Defamation only protects against really false claims that cause injury." He concludes, "Threats of lawsuits are often used to try to censor free speech, but that's what the Constitution protects against..."

The PolitickerNJ article further delineates additional protections under the NJ State Constitution unavailable in its federal counterpart quoting Askin saying, "New Jersey protects against violations of speech by certain private entities, such as shopping malls or condominiums."

Would private entities include a City Councilwoman and her family checkbook, her political operatives and media which knew well its own ties to same?

Inquiries here want to know about evidence in hand and what will be available. The case file should be available any moment now in Hudson County Superior Court. That file and all its contents are a matter of public record available to both media and citizen requests.

Can someone please reboot Beth Mason's computer? 


Talking Ed Note: There are many issues important in this case which have not come to public attention. It hasn't even begun to see the light of truth but those rays of light are not singular. They number in the tens of thousands.

An important aspect of defamation law: truth is an absolute defense. More on the truth to come.

Related: The PolitickerNJ article: Rutgers-Newark law professor underscores importance of First Amendment in Hoboken blogger trial.