February 2009
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Checklist for Public Notice — Page 2 Thank You to Contributors — Page 4 Works for Free — Page 5 Reporters: Exploit Every Edge — Page 14 Vol. 20 • Issue 2 PRINTNew Jersey Press Association • www.njpa.org FEBRUARY 2009 GOVERNMENT AFFAIRS COMMITTEE MEETING State Supreme Court issues Tuesday, February 24 11 am teleconference rare stay in defamation case Webinar: “This is very good news for the free statements contained within a case’s initial LEGAL LIABILITIES ON press,” said NJPA Executive Director John pleadings unless those pleadings had been YOUR WEBSITE O’Brien. subject to judicial review. Monday, March 30 “Extremely rare,” is how Tom Cafferty, The Appellate Division did not define 10 am NJPA’s general counsel, described a stay the nature and extent of the judicial review granted by the state Supreme Court on Jan. required. But it is clear it contemplated that OPEN PUBLIC RECORDS 13. The stay applies to a November 2008 such review involved something more than ACT SEMINAR judgment by the Appellate Division in the the mere filing of the Complaint. And since Thursday, March 26 10 am – 3 pm Salzano v. North Jersey Media Group, Inc. the filing of an Answer does not tradition- Bergen Cty. Community College defamation suit (Supreme Court Docket ally involve any action by a court, there was No. 63,529). concern this would also not be sufficient NJPA EXECUTIVE After the Appellate Division decision, for the privilege to attach. COMMITTEE MEETING the NJPA Government Affairs Committee, Indeed, a fair reading of the Appellate Thursday, April 2 chaired by Charlie Nutt, publisher of The decision leads to the conclusion that “judi- 3:30 pm Daily Journal, Vineland, recommended cial review” contemplated some finding by Trenton Marriott that the association file an amicus brief in the court as to the legal sufficiency of the support of North Jersey Media Group’s pe- complaint. PRESS NIGHT tition/appeal to the State Supreme Court. The amicus brief argued that the Appel- Editorial & Photography NJPA’s Executive Committee quickly ap- — Continues on Page 2 Awards Banquet proved the filing. Tom Cafferty led the ef- Thursday, April 2 5 pm fort to develop and file the amicus. In addi- Trenton Marriott PLAQUES A-PLENTY: Peggy Stephan, NJPA’s tion to NJPA, nearly 20 other organizations member services manager, is getting ready supported the filing. Case at a glance NJ PRESS FOUNDATION for the newspaper award banquets that The Appellate Court’s November deci- By The Associated Press TRUSTEES MEETING will be held in April. She is checking boxes sion had deep ramifications. It held that The New Jersey Supreme Court has Friday, April 17 containing hundreds of frames that recently the “fair reporting privilege” did not apply suspended a state appellate court rul- 3 pm were delivered to NJPA. When the judges de- to the reporting of news based on initial fil- ing that said a newspaper can be sued Princeton Marriott termine the contest winners, Peggy will pre- ings in court that have not yet been subject for libel for reporting allegations from pare the certificates that will be presented at to “judicial review.” Therefore, newspapers a lawsuit before any court proceedings NJPA BOARD OF the banquets. First place winners will receive did not have the protection of the fair re- have taken place. DIRECTORS MEETING their certificates in these frames. port privilege in republishing defamatory The one-page order issued Jan. 13 Friday, April 17 puts a hold on the November 2008 de- 4:30 pm Princeton Marriott cision by the appeals panel, but does not reverse it. SPRING BANQUET The appeals court decision stemmed Advertising & Circulation from a March 2006 story in The Record Awards Dinner of Bergen County. It reported a federal Friday, April 17 bankruptcy court complaint alleging 6 pm that Thomas John Salzano misappro- Princeton Marriott priated money from a now-defunct Newark telecommunications com- NIE & YOUTH pany. READERSHIP Salzano filed suit against the news- COMMITTEE MEETING paper, saying the allegations in the Thursday, April 2 complaint were unfounded. 10:30 am – 12 noon The appeals court decision reversed NJPA Conference Room a lower court ruling that dismissed the COLLEGIATE PRESS libel claim. AWARDS BANQUET Prior to the appeals court ruling, Saturday, April 18 newspapers were not liable for defama- 12 noon tion as long as they accurately quoted Trenton Marriott allegations in a lawsuit. GENEROUS MEMORY: Margaret Burns Velden recently contributed gifts totaling $40,000 North Jersey Media Group, which LEGISlaTIVE to the New Jersey Press Foundation in honor of her father, Lloyd P. Burns, former executive publishes The Record, has petitioned CORRESPONDENTS director of NJPA. Her gifts endow the Lloyd P. Burns Teachers at Newspapers program. Mrs. the state Supreme Court to review the CLUB SHOW Velden receives a token of appreciation from the NJPF Board of Trustees presented by, left case on appeal, but the court has not Wednesday, May 13 to right, Foundation Director George White, President Arthur Hall of the Cape May County yet decided whether it will do so. The The Palace, Somerset Herald Times and Vice-President Bruce Tomlinson of the New Jersey Herald. (See related stay will remain in effect until then. articles on Page 4.) Page 2 • FebrUARY 2009 • InPrint INPRINT a monthly publication of As I see it... New Jersey Press Association 840 Bear Tavern Road, Suite 305 West Trenton, NJ 08628-1019 Checklist for public notices PHONE .............................................609-406-0600 FAX ....................................................609-406-0300 I recently served a stint on the board • Newspapers should publish all EMAIL [email protected] of directors of the Public Notice Re- government public notices on their NJNN FAX.........................................609-406-0399 source Center, an organization based website (and/or their state press as- NJNN EMAIL .................................. [email protected] in Washington, D.C., whose mission it sociations website) free of charge and EXECUTIVE DIRECTOR John J. O’Brien is “to collect, analyze and disseminate free of password protection. COMMUNICATIOns MGR Catherine Langley information on public and private no- • Newspapers should advertise the MEMBER SERVICES MGR Peggy Stephan tifications to the public through news- BUSINEss MANAGER Denise Sawicki address of their public notice website ACCTG COOrdINATOR Jane Hartsough papers, and to educate the public on in the printed versions of their pa- IT MANAGER John Viemeister the value and use of its right to know.” pers. NJNN DIRECTOR Amy C. Lear The board of PNRC regularly issues • Newspapers should make public MEDIA SERVICES MANAGER Christina Baker MARKETING/RESEARCH MGR Brian Critchley Best Practices Statements that include notices prominent in their newspa- MAjOR ACCT SPECIALIST Jennine Remington lists of things newspapers can and pers. By consistently putting pub- SENIOR MEDIA SPECIALIST Carolyn Winters should do to help them in their mis- lic notices in a prominent position, ADVErtISING AssISTANT Erin Rozansky sion. Following are some highlights John J. O‘Brien newspapers can stress the importance SCAN/2x2 NEtwORKS MGR Diane Trent NJPF DIRECTOR George White from their most recent statement: Executive Director of public notices, as well as make them NJPF PROGRAM DIR Thomas E. Engleman • Newspapers should explain to New Jersey Press Association easier to find for their readers. readers the importance of public • Newspapers should attest through BOARD OF DIRECTORS notices and the newspaper’s role in who are required to publish notices the prescribed process of affidavits CHAIRMAN publishing them on a regular basis. of the requirements in the law. Help that public notices have been properly Arthur R. Hall By running advertisements and oth- them do their jobs. run according to law. Cape May County Herald Times, Rio Grande er content, newspapers should both • Newspapers should strive to be • Newspapers should encourage re- PRESIDENT stress the importance of public no- experts in public notices. By master- porters to use public notices as sourc- Bruce Tomlinson tices and illustrate how readers can ing the process of publishing a notice, es of news stories. Some of the best in- New Jersey Herald, Newton use them to their advantage and to the a newspaper can cement itself in the vestigative reporting has started with Vice President • Weeklies Ray Worrall advantage of their community. News- community as the place to go for pub- a journalist reading a public notice. Worrall Community Newspapers, Union papers should never assume that read- lic notices. If your newspaper is one of the many Vice President • dailies ers know where to go for public no- • Newspapers should remember NJPA member newspapers eligible to Jennifer Borg tice; they should continue to remind that while public notices remain an carry public notices, why not use these The Record (Bergen County), Hackensack readers that they are the best source of important part of the business of the points as a checklist to see just how TREASURER information. Frank Gargano newspaper, first and foremost they are well you are doing when it comes to Gloucester County Times, Woodbury • Newspapers should police the a community service. Public notices publishing public notices? As always, EXECUTIVE DIRECTOR right to know for readers by remind- should never be looked at as merely a NJPA can assist you if you have any John J. O’Brien ing governments, attorneys and others source of advertising dollars. questions on these points or others. NJPA, West Trenton DIRECTOrs Joseph L. Cavone Daily Record, Parsippany Jennifer Cone Chciuk Supreme Court issues rare stay in defamation case The West Essex Tribune, Livingston Continues from Page 1 sence of judicial review to report on records Media, LLC), Newspaper Association of Keith Dawn The Press of Atlantic City, Pleasantville late Division decision, which strips newspa- that are available for public inspection at the America, American Civil Liberties Union of Stanley Ellis pers of the fair report privilege until there courthouse.