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Superior Court, Middlesex County
Frank Corrado/Barry, Corrado, Grassi & Gibson; Edward Barocas/ACLU-NJ
In December 2004, the American Civil Liberties Union of New Jersey agreed to represent the Piscataway Republican Organization and its fall 2004 candidates for election in a libel suit brought against them by the Piscataway Democratic Organization. Upon taking the case, the ACLU-NJ immediately filed a motion to dismiss the case.
The lawsuit centers on a campaign sign (see below) used by the Piscataway Republican Organization during the recent elections. The sign stated: "Bribery. Corruption. Indictment. Had Enough?" with a picture of a broom. The sign then urged viewers to vote for the Republican slate for township mayor and council.
The Democratic incumbents asked that the signs be removed. The Republicans refused. The Democrats then filed suit for libel, claiming that the sign implied that they, as individuals, were guilty of bribery and corruption. Although the entire Piscataway Democratic slate of candidates won in the November elections, they refused to dismiss the lawsuit.
The ACLU-NJ's motion to dismiss the lawsuit is based on the fact that the ad contained protected, non-libelous speech. The brief explains that the ad was political rhetoric, and did not direct allegations at a particular individual; rather, it was impersonal criticism of a government administration.
On February 9, 2005, the court granted the ACLU-NJ's motion to dismiss the lawsuit based on the fact that the ad contained protected, non-libelous speech.
The case is captioned Piscataway Democratic Organization, et al. v. Piscataway Republican Organization, et al. It was filed in New Jersey Superior Court, Middlesex County.
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