Also known as: absolute defences · absolute defenses · perfect defense · complete defense
Written by attorneys · grounded in primary & secondary sources — see below
A complete bar to liability that prevents recovery or conviction even when every other element of the claim or charge is established.
Andre signed a written release allowing Artemis Logistics to publish an internal report that described his workplace conduct in unflattering terms. After the report circulated, Andre sued the company for defamation. Because Andre had consented to the publication, the consent operated as an absolute defense and the claim failed.
Adam published an article stating that Alliance Holdings had overstated its earnings in public filings. Alliance sued for libel. The published statements were accurate, so truth functioned as an absolute defense and the suit was dismissed.
Select any source to read its text and confirm it supports the definition.
Anthony, a newspaper editor, printed that a public official had misused campaign funds. The official brought a criminal libel prosecution. Because the statements were true, truth served as an absolute defense and the prosecution could not proceed.
Amelia sued Aether Technologies under state tort law for injuries allegedly caused by a vehicle design that complied with federal safety standards. Federal law preempted the state claim, so preemption operated as an absolute defense and the action was dismissed.
Antonio distributed pamphlets that made false statements about an entire racial group. He was prosecuted under a state group-libel statute. The statute's prohibition supplied an absolute defense to any First Amendment challenge, and the conviction stood.
Audrey, an investor, sued Avalon Pharmaceuticals under Rule 10b-5 alleging misleading statements in a prospectus. Because the complaint failed to allege scienter, the absence of that required element functioned as an absolute defense and the case was dismissed.
An absolute defense completely bars liability once established, regardless of other facts. An affirmative defense must be pleaded and proved by the defendant but does not necessarily eliminate liability if the plaintiff still prevails on the underlying claim.
Supporting sources
Consent to the publication of defamatory matter is a complete defense except when the inquiry itself was merely an honest investigation under the listed exceptions.
Supporting sources
Truth is an absolute defense in both civil libel actions and criminal libel prosecutions because a true statement cannot support liability.
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Federal preemption bars the state claim entirely when federal law occupies the field or directly conflicts with the state cause of action, leaving no room for state relief.
…of damages for harm caused by exposure to public attention rather than by factual inaccuracies, it recognized truth as a complete defense. Thus, nondefamatory factual errors could render a publisher liable for something akin to invasion of privacy. The Court ruled that the defendant in such an action could invoke the New…