Libel, Privacy and Forgetting: Claims by Rehabilitated Offenders – Hugh Tomlinson QC

2 03 2011

In the recent case of G.D. v. Bernard Kenny and The Hudson County Democratic Organization, Inc. the New Jersey Supreme Court considered the difficult issue of the effect of “expungement” or “rehabilitation” of convicted criminals on libel and privacy claims.   The case concerned a libel claim which arose out of a State Senate election in New Jersey. During the campaign the opponents of one candidate issued campaign flyers criticizing him for previously hiring a person with a criminal conviction, the plaintiff G.D. One campaign flyer stated that G.D. was “a DRUG DEALER who went to JAIL for FIVE YEARS for selling coke near a public school.”   Read the rest of this entry »