On January 6, 2025, the News/Media Alliance Joined an amicus brief led by RCFP in Surdoval v. Surdoval, in the Superior Court of New Jersey, Appellate Division. Donald Surdoval filed a defamation claim against his older sisters who made public statements to the effect that their deceased younger brother, Brian Surdoval, was killed by Donald and that the police investigation overlooked relevant facts in declaring his death a suicide.
The trial court denied Defendants’ motion to dismiss under New Jersey’s Anti-SLAPP law finding that the statements did not involve a matter of public concern. On appeal, the amicus brief urges the Superior Court to reverse this decision because defendants’ statements concern matters of public interest, which the legislature and other anti-SLAPP jurisdictions have interpreted broadly. The brief stresses that the anti-SLAPP law was enacted to counter threats to First Amendment expression posed by the weaponization of libel and defamation suits. A determination that the Surdoval sisters’ speech does not concern a public interest would discourage individuals from speaking about crimes or criticizing institutions that administer justice, out of fear of being subjected to frivolous lawsuits.
