Issue

Protest—defamation claim—absolute privilege—broad scope—attaches to the proceeding

Summary

The defense of absolute privilege applies broadly to protect from civil defamation liability everyone involved in the preparation or filing of an election protest, since the privilege attaches to the proceeding in which the statements are published, and is not restricted only to those who directly participate in election-protest hearings as a party, counsel, or witness as erroneously concluded by the Court of Appeals. Therefore, plaintiffs' libel suit against defendants for preparing and filing election protests alleging that plaintiffs engaged in illegal double-voting was absolutely barred, since the challenged statements were made in the due course of a quasi-judicial proceeding and were both relevant and pertinent to its subject matter.

Summary from the North Carolina Reports digest (official subject index). Read the opinion →