CHAPTER XXXI. LIBEL AND SLANDER

*377.* _Confidential, Tribunal, Malice._—The rule is that all confidential

statements made to an officer or a tribunal of the church concerning a

member in the course of church discipline and for the good of the church,

if not made with malice, are privileged, and no action for libel or

slander can be maintained therefor.(674)

*378.* _Member, Officer, Councils._—But slanderous or libelous statements

made concerning a person not a member of the church or made concerning a

member of the church to another member who is not either an officer or in

the councils of the church, are actionable and the person making or

publishing such statements is liable for damages. Also, a person who

repeats a libel or slander may be liable as though he were the

originator.(675)

*379.* _Official Communication, Privileged._—An official communication

between authorities of the church or an authority and a member of the

church concerning a church matter or church members and not made in

malice, is privileged.(676)

*380.* _Priest, Pastoral Duties._—Where a priest published from the altar

that “Peter Servatius is excommunicated, because he laid hands on the

priest to put him out of the church, and he has no more benefit of the

prayers of the church. I will not pray for him, and consider him a lost

sheep and withdraw all my pastoral blessings from him. If he die, the

burial rights of the church will be denied him,” such remarks were held

defamatory, unless they were spoken in the proper discharge of the

priest’s clerical and pastoral duties and without malice; and the case

should have been submitted on the evidence to a jury.(677)

*381.* _Church Record, Excommunication._—An entry of a church record that

“A report raised and circulated by A. B. against Brother C., stating that

he made him pay a note twice, and proved by A. B. as false,” is

libelous.(678) But an entry of excommunication of a member made in the

record and shown to other members, is not libelous, the latter being

properly a part of the record and the former extraneous.(679)

*382.* _Will, Libel, Action._—The will of a priest contained a statement

that a relative had received $300 from him for clothing, maintenance,

education, etc., and promised to repay it, but paid no part of it. Then

testator bequeathed said $300 to two legatees to collect for their own

use. The relative filed a petition asking the estate of the priest to be

held liable for a libel in the sum of $50,000 and the court held that as

the right of action did not accrue until after the death of the testator,

there was a right of action against the estate. As the case never got

beyond the probate court, its authority is doubtful.(680)

*383.* _Language, Insane, Good Faith._—Unless the language is used by the

bishop in the line of his duty, a statement that a priest is irresponsible

and insane, that he was removed from his position of priest for good

reason, and that he has been guilty of ecclesiastical disobedience, is

slanderous _per se_. To make a communication between a bishop and priest

privileged it must have been spoken in good faith and in belief that the

speaking of it came within the discharge of the bishop’s duty.(681)

*384.* _Rector, Bigamy, Tobacco, Liquor._—In a case where the rector of an

Episcopal church called upon a man charged with bigamy and after a private

conversation the minister wrote a letter to the district attorney on

behalf of the prisoner, it was held not privileged because it was not made

in confidence of the relation and was not kept as a secret.(682) A letter

from a church member of one congregation to the elders of another

congregation advising them of the unfitness of a clergyman appointed to

the latter parish, and stating that he used tobacco and liquor, that he

was an untruthful man, and that his family was no credit to the community,

was quasi-privileged; and in the absence of proof that the charges were

false and malicious was not actionable.(683)

*385.* _Newspapers, Criticisms, Priest._—A newspaper has a right to

publish criticisms of the conduct of a priest in certain services held in

his church if no false statement of facts is given, since such conduct is

a proper subject of discussion; and if such article contains a statement

that if certain published accounts of the conduct of the priest are true

he acted in an improper manner, etc., it is not libelous because such

facts are not true, as it is not an affirmation of the truth thereof.

Where the alleged libel was published in a foreign language and the

correctness of the translation was disputed, it was an error for the judge

to instruct the jury that if the translation introduced in evidence was

correct, the defendant was liable, since plaintiff’s right to recover

should not be made to depend on the absolute accuracy of the

translation.(684)

*386.* _Clergyman, Discipline, Tribunals, Testimony, Argument._—What a

clergyman says in the administration of the discipline of the church or

what is said in tribunals to enforce discipline of the church, including

testimony and legitimate argument within the scope of the case, if said in

good faith and without malice, is not actionable in the civil courts.(685)

*387.* _Physical Discipline, Imprisonment, Courts._—A clergyman who claims

to have been slandered by a parishioner can not administer physical

discipline nor put the offender under restraint without leaving himself

liable for damages for assault and battery or false imprisonment. If the

clergyman desires to treat the charge as a church matter, he must go into

the church tribunal; otherwise, his proper course is to bring an action

for slander in the State court.(686)

*388.* _Sermon, False Statement, Crime._—A clergyman may, by words used in

a sermon, slander a member of his congregation. However, if he makes no

false statement and does not falsely or maliciously charge a crime, what

he says in the way of discipline is privileged.(687) The meaning of the

words “she is a dirty, vile woman,” can not be extended by innuendo.(688)

*389.* _Charges, Robbed, Hypocrite._—Charges that a person has robbed a

church or has stolen from a church, are actionable.(689) Also, charging a

person with being a hypocrite and using the cloak of religion for unworthy

purposes, is slanderous.(690)

*390.* _Investigation, Probable Cause._—When a member of a church consents

to an investigation on complaint before a person who is not a member, if

the complaint was made on probable cause and not under the pretence of

exposing the defendant to scorn or obloquy, he could not subsequently

bring an action for libel.(691)

*391.* _Sacraments._—To publish of a person that he has been deprived of

the sacraments of the church to which he belongs, is libelous.(692)

*392.* _Obituary, Tolling Bell._—To falsely and maliciously publish an

obituary notice of a person living, is good ground for an action for

libel.(693) However, a complaint that a church tolled its bell to announce

the death of a member, and did report him dead when he was actually

living, and that it was all done for the purpose of annoying, harassing,

and vexing the person and his family, was held not sufficient to support

an action for libel. The latter case is doubtful law.(694)

*393.* _Newspaper, Profane Swearer._—A newspaper in a notice of the death

of a church member has the right to state that he was a profane swearer,

if such was the case.(695)

*394.* _Business or Property, Special Damages._—A company incorporated for

the purpose of transacting business which would include hospitals,

schools, and industrial institutions, may maintain an action for libel the

same as an individual for any words affecting its business or property, if

special damages are alleged and proved.(696)

*395.* _Justification, Repeating._—It is no justification that libelous

matter had been previously published by a third person, that the name of

such person was disclosed at the time of repeating the libel, and that the

person who was repeating it believed all the statements in the libel to be

true.(697)

The Clergyman's Hand-book of Law: The Law of Church and Grave · 第 31 / 34 章