absolute privilege

Absolute privilege in a defamation case is a complete immunity from liability for statements that would otherwise be considered defamatory.

Absolute privilege applies in specific contexts where the interest in free and open communication outweighs the potential harm from false statements. When the privilege applies, it does not matter whether the statement was false or made with malice; no action for defamation can be maintained.

Examples of contexts where courts recognize absolute privilege include:

• Statements made by judges, lawyers, parties, and witnesses in the course of judicial proceedings.
• Statements made in legislative proceedings by lawmakers, or by participants testifying before them.
• Certain executive or official communications made in the course of governmental duties.
• Publications required by law, such as official records.

The doctrine has been recognized by U.S. courts for over a century. For instance, the U.S. Supreme Court in Tenney v. Brandhove, 341 U.S. 367 (1951), confirmed absolute immunity for legislators in the course of legislative duties. Judicial immunity cases such as Bradley v. Fisher, 80 U.S. 335 (1871), reflect the same principle for judges.

[Last reviewed in October of 2025 by the Wex Definitions Team] 

Keywords

• First Amendment
• defamation
• complete defense
• absolute immunity
• qualified immunity

Wex

• CIVICS
• the Constitution
• THE LEGAL PROCESS
• courts
• criminal procedure
• wex definitions
• civil procedure
• constitutional law
• courts and procedure
• legal education and practice