Also known as: absolute privilege
Written by attorneys · grounded in primary & secondary sources — see below
A complete bar to defamation liability that applies regardless of the speaker's motive or the statement's truth. The bar attaches to statements made by participants in legislative, executive, and judicial proceedings when performing official duties.
Select any source to read its text and confirm it supports the definition.
Alexandra Armstrong, a city procurement director, told department heads in a closed meeting that a contractor had bribed officials. Anchor Bank, required by federal law to air equal-time political replies, broadcast a compelled statement repeating the allegation. When the contractor sued both for defamation, the bank's absolute privilege for compelled speech did not shield Alexandra Armstrong from liability for her original statement.
Arthur Abrams, a former White House aide, alleged that President Alan Ackerman ordered his dismissal in retaliation for whistleblowing. The court dismissed the suit because the President's absolute privilege for official acts insulated the decision from civil liability even if the motive was improper.
Amelia Amari sued prosecutor Anita Ali for allegedly presenting false testimony at trial. The court held that Ali's absolute privilege for acts performed as an advocate in judicial proceedings barred the claim regardless of any alleged misconduct.
A state legislator made remarks critical of a contractor during a committee hearing. When the contractor sued for defamation, the absolute privilege for statements made in legislative proceedings barred recovery regardless of motive.
A witness testified in open court about a party's conduct. The party later sued the witness for defamation. The absolute privilege attaching to judicial proceedings defeated the claim even though the testimony was alleged to be false.
An agency head issued an internal memorandum evaluating an employee during performance of official duties. The employee sued for defamation. The absolute privilege for executive communications made in the course of official duties barred the action.
No. The privilege is personal to the holder. A second speaker remains liable for an independent publication even if the original speaker enjoyed absolute privilege.
It operates as a complete bar to liability. The claim fails even if the statement was false and made with malice or improper motive.
Statements made in legislative, executive, and judicial proceedings by participants performing official duties receive absolute privilege.
…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,…