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Torts

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Pregunta:

Under certain circumstances, the speaker is not liable for defamatory statements because he enjoys an absolute privilege. Such absolute privileges are not affected by a showing of malice, abuse, or excessive provocation, as in the case of qualified privileges 1. Judicial proceedings All statements made by the judge, jurors, counsel, witnesses, or parties in judicial proceedings are absolutely privileged. The privilege attaches to all aspects of the proceedings, e.g., statements made in open court, pretrial hearing, deposition, or in any of the pleadings or other papers in the case. 2.Legislative proceedings All remarks made by either federal or state legislators in their official capacity during legislative proceedings are likewise absolutely privileged 3.Executive Proceedings A governmental executive official is absolutely privileged with respect to any statement made by her while exercising the functions of her office.There is a requirement that the statement have some reasonable relationship to the executive matter or proceeding in which she is acting 4.“Compelled” Broadcast or Publication - A radio or TV station compelled to allow a speaker the use of the air, a newspaper compelled to print public notices, etc., is absolutely privileged in an action based on the content of the compelled publication

Autor: Robert Suber



Respuesta:

Absolute privilege


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