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Can Opinions Be Defamatory?

Former music director sues church for defamation after his dismissal.

New York
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Key point. Defamation consists of (1) oral or written statements about another person; (2) that are false; (3) that are "published" (that is, communicated to other persons); and (4) that injure the other person's reputation.

A New York court ruled that a pastor did not defame his church's music director by stating that he had been dismissed due to a "lack of credibility." Church leaders dismissed the church's music director after discovering that he had misrepresented his academic credentials at the time of his employment. The senior pastor of the church informed church staff and choir members that the "resulting lack of credibility and trust toward [the music director] caused by this matter has rippled through [the church and choir]." The dismissed music director sued the pastor and church for defamation. The court dismissed the lawsuit, noting that the pastor's comments were "an expression ...

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Richard R. Hammar is an attorney, CPA and author specializing in legal and tax issues for churches and clergy.

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  • March 1, 2009