Also known as:defence of truth · truth defense · truth as a defense · justification · truth defence
Written by attorneys · grounded in primary & secondary sources — see below
A principle that shields a publisher from liability for injurious falsehood when the facts stated or implied are true.
Sources & Authorities· 21 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Disclosure During Confrontation
Dominic Drake published true details about a colleague's actions during a heated office dispute at Delta Dynamics. The colleague sued for injurious falsehood. The court applied the defense of truth because the facts were accurate and negated liability.
Property Use Dispute
Dorothy Daniels published accurate statements about a neighbor's long-term use of a path across her land. The neighbor sued claiming injurious falsehood. The defense of truth barred recovery because the facts were verified in court proceedings.
Classification Challenge
Diane Dawson published true data showing differential treatment in a state program. Officials sued for injurious falsehood. The defense of truth applied because the statements accurately reflected the classification and its effects.
Damian Decker certified discovery responses containing true facts about document production at Duffy Construction. Opposing counsel alleged injurious falsehood. The defense of truth prevented sanctions because the facts were accurate.
Will Beneficiary Dispute
Daniel Diaz published true facts about a family member's actions leading to a will contest at Dixon Foods. The beneficiary sued for injurious falsehood. The defense of truth defeated the claim because the statements were factually correct.
Business Reputation Statement
Destiny Davis published accurate facts about a competitor's product defects. The competitor sued for injurious falsehood. The defense of truth barred liability because the facts stated were true.
Common questions
Frequently Asked
3
What must a defendant prove to succeed on the defense of truth?+
The defendant must show that the facts stated or implied are true. This directly negates liability under the applicable rule for injurious falsehood.
Does the defense of truth require the defendant to prove every detail of the statement?+
The defense succeeds when the facts stated are true. Minor inaccuracies do not defeat the defense if the substance is accurate.
Supporting sources
How does the defense of truth interact with First Amendment protections?+
Allowance of the defense with the burden on the defendant does not fully protect speech. It can still deter true statements due to proof burdens and costs.
Supporting sources
410 U.S. 113 (1973)Constitutional Law
…early in pregnancy and those performed later, and it limits to a single reason, "saving the life of the mother," the legal justification for the procedure. The statute, therefore, cannot survive the constitutional attack made upon it here. This conclusion makes it unnecessary for us to consider the additional challenge to…
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