NJ Supreme Court: False Light Claims Have the Same One-Year Deadline as Defamation

On August 7, 2025, the New Jersey Supreme Court unanimously ruled that lawsuits for false light invasion of privacy must be filed within one year—the same deadline that applies to defamation claims.

Case Background

In January 2020, Salve Chipola attended a Clearview Regional High School basketball game. During halftime, Sean Flannery allegedly told a school official that Chipola was a drug dealer who supplied students with drugs and alcohol. Days later, Chipola was banned from school grounds and confronted by police.

Nearly two years later, Chipola sued for false light invasion of privacy, claiming the false accusations damaged his reputation and caused emotional distress. Flannery moved to dismiss, arguing the claim was filed too late under the one-year statute of limitations for defamation. Both the trial and appellate courts agreed.

Key Legal Question

Should false light invasion of privacy be treated like:

• Defamation (1-year deadline under N.J.S.A. 2A:14-3), or

• Personal injury (2-year deadline under N.J.S.A. 2A:14-2)?

Supreme Court’s Reasoning

Justice Hoffman, writing for the Court, held that false light and defamation are “conceptually akin”:

• Both require false statements to be publicized.

• Both often cause reputation-based harm and emotional distress.

• Allowing a longer deadline for false light could let plaintiffs sidestep defamation’s shorter filing period, undermining free speech protections.

The Court stressed that this ruling aligns with most other jurisdictions and protects First Amendment values by limiting the time speech-related lawsuits can be filed.

Practical Impact

• Plaintiffs bringing false light claims in NJ now have only one year from the date of publication to sue.

• Defendants in speech-related cases gain stronger protection against stale claims.

• The ruling upholds the Appellate Division’s 2009 Swan v. Boardwalk Regency Corp. decision.

Bottom Line

If someone in New Jersey believes they’ve been harmed by a false portrayal in the public eye, they must act quickly—the clock runs just as fast as it does in defamation cases.