In a recent decision underscoring the limits of defamation law in political contexts, a federal district court dismissed defamation claims brought by the American Conservative Union and its foundation against former employees who allegedly linked the organizations to George Soros, Mark Zuckerberg, and John Arnold. The court’s ruling in American Conservative Union v. Institute for…

The ecclesiastical abstention doctrine traces its roots to Supreme Court precedent holding that the First Amendment secures a sphere of institutional autonomy for religious organizations. Under this jurisprudence, churches enjoy freedom from secular intrusion in matters central to their identity, including questions of faith, doctrine, and internal governance. Historically, courts applied the doctrine primarily in…

Truthful statements are generally not actionable as defamation. A substantially true statement that is factually accurate in all material respects and that does not imply any undisclosed defamatory message is not something upon which a defamation lawsuit may be brought. Still, a defendant who asserts a truth defense needs to establish not simply that some…

Few workplace experiences are more demoralizing than being unfairly blamed by a superior for a mistake that was not one’s own, particularly when the error in fact originated with the supervisor. The injustice becomes especially acute when the supervisor or the employer has ready access to the media and the capacity to shape public perception…

Among the types of statements protected from defamation claims by an absolute privilege are statements made in connection with the proceedings of bodies creating legislation. Earlier today, the Supreme Court of Virginia issued an opinion in Brooks-Buck v. Wahlstrom in which it offered some clarification regarding the scope of this legislative immunity. At issue was…

When an individual is publicly accused of misconduct, reporting on the existence of such allegations—without more—does not necessarily give rise to a claim for defamation. This principle is not just a matter of common sense; it is a well-established rule in Virginia defamation law, where courts require that allegedly defamatory implications be tied…

In Virginia, citizens enjoy a qualified privilege to report suspected crimes to law enforcement. But what happens when such a report turns out to be wrong—or even wildly untrue? Can the accused sue for defamation? The answer, as highlighted by two recent decisions from the Virginia Court of Appeals, depends not on whether the…