Also known as: absolute privileges · absolute immunity
Written by attorneys · grounded in primary & secondary sources — see below
A complete immunity from civil liability that protects certain communications or acts regardless of the actor's motive or the falsity of the statement.
Andre Antoine and Angela Acosta both published a defamatory report about a competitor. Angela enjoyed an absolute privilege because she made the statements in a judicial proceeding. Andre lacked any privilege. The court held Andre fully liable for the harm even though Angela escaped liability entirely.
Antonio Alvarado, a presidential energy advisor, directed a domestic refinery to halt exports without following administrative procedures. The refinery sued for due process violations. The court ruled that the aide received only qualified immunity because the action involved routine domestic regulation rather than sensitive foreign-affairs functions closely tied to presidential decision making.
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Atlas Ventures published an advertisement criticizing a city official's performance. The official sued for defamation. The court applied the actual-malice standard because the statement concerned official conduct, but the absolute privilege for judicial proceedings did not apply to the newspaper's publication.
President Albert Allen ordered the dismissal of a military analyst who had testified before Congress. The analyst sued for damages. The court dismissed the suit because the President's action fell within the outer perimeter of official responsibilities and therefore received absolute immunity from civil liability.
Senator Alice Atkins issued a press release outside the Senate chamber accusing a researcher of wasting public funds. The researcher sued for defamation. The court held that the Speech or Debate Clause did not confer absolute privilege because the statement was not made in the course of legislative proceedings.
Avalon Pharmaceuticals published an article accusing a private attorney of unethical conduct. The attorney sued for defamation. The court denied absolute privilege because the plaintiff was not a public official and the publication did not occur in any official proceeding.
Yes. Absolute privilege bars liability even when the speaker acts with ill will, spite, or knowledge of falsity.
Judicial, legislative, and certain executive proceedings receive absolute privilege. Statements by judges, lawyers, parties, and witnesses during judicial proceedings are protected regardless of motive.
No. A majority of jurisdictions hold that statements to the media concerning ongoing litigation fall outside the absolute privilege.
No. Presidential aides receive absolute immunity only when performing discretionary functions in sensitive areas of national concern closely tied to presidential decision making. Otherwise they receive only qualified immunity.
…to forestall criticism of their official conduct. The conclusion that the Constitution affords the citizen and the press an absolute privilege for criticism of official conduct does not leave the public official without defenses against unsubstantiated opinions or deliberate misstatements. "Under our system of government,…