When Should Religious Leaders Face Liability for Defamation?

Under a "compelling interest" balancing test, courts traditionally have shielded religious leaders from tort liability simply because of their religious status under the Free Exercise Clause of the First Amendment. Several cases and court rulings in which this degree of immunity has been r...

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Bibliographic Details
Published inA journal of church and state Vol. 33; no. 4; pp. 681 - 699
Main Author COHEN, THEODORE A.
Format Journal Article
LanguageEnglish
Published Waco, Texas Oxford University Press 01.10.1991
J. M. Dawson Institute of Church-State Studies of Baylor University
J. M. Dawson Studies in Church and State, Baylor University
Subjects
Church & state
Churches
Clergy
Constitution
Constitutions
Court decisions
Defamation
Defendants
First amendment
Free exercise clause
Freedom of religion
Freedom of speech
Immunity
Laws, regulations and rules
Leaders
Legal status, laws, etc
Libel & slander
Libel and slander
Litigation
Plaintiffs
Religion
Religious liberty
Shunning
Statutory law
Torts
United States
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Summary:Under a "compelling interest" balancing test, courts traditionally have shielded religious leaders from tort liability simply because of their religious status under the Free Exercise Clause of the First Amendment. Several cases and court rulings in which this degree of immunity has been reduced are discussed, as well as a proposed statute for resolving problems inherent in defamation actions against church leaders.
Bibliography:istex:4EAFE42A827BB139CA608FC898498C12C855D841
ark:/67375/HXZ-RT8FNMF7-4
B.A., University of California at Los Angeles; J.D., University of CalifornY at Davis
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ISSN:0021-969X
2040-4867
DOI:10.1093/jcs/33.4.681