On motion for leave granted, defendants Counsel on American Islamic Relations (CAIR) Foundation, CAIR-NJ, and CAIR-NJ's executive director, Selaedin Maksut (collectively CAIR defendants), appeal the Law Division's order denying their Rule 4:6-2(e) motion to dismiss plaintiff Tamar Herman's amended complaint with prejudice.
Plaintiff, a second-grade school teacher, accused CAIR defendants of defamation per se and false light invasion of privacy for republishing social media posts by co-defendant Ibtihaj Muhammad that plaintiff forcibly removed the hijab of plaintiff's student and told the student she did not have to wear a hijab to school anymore because her hair was beautiful.
The court concludes plaintiff's amended complaint did not sufficiently allege a prima facie case of defamation and false-light invasion of privacy because she failed to assert facts that CAIR defendants' statements regarding plaintiff's interaction with the student were made with actual malice. The court rejects plaintiff's request at oral argument that if we reverse the motion court, we order dismissal of her amended complaint without prejudice so that she can amend her complaint again with some guidance from us as to what facts must be alleged to establish actual malice. Plaintiff amended her complaint after CAIR defendants' initial motion to dismiss was withdrawn without prejudice. Given that opportunity to comport with the legal principles governing defamation, she cites no legal or factual basis to afford her another opportunity to amend her complaint. Accordingly, we reverse and remand for an entry of an order dismissing plaintiff's complaint with prejudice as to CAIR defendants.