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Pastor’s Multiple Acts of Sexual Misconduct Not Necessarily Protected by First Amendment

The First Amendment does not categorically insulate religious relationships from judicial scrutiny.

Last Reviewed: March 22, 2021

Key point 4-02.03. A number of defenses are available to one accused of defamation. These include truth, statements made in the course of judicial proceedings, consent, and self-defense. In addition, statements made to church members about a matter of common interest to members are protected by a “qualified privilege,” meaning that they cannot be defamatory unless they are made with malice. In this context, malice means that the person making the statements knew that they were false or made them with a reckless disregard as to their truth or falsity. This privilege will not apply if the statements are made to nonmembers.

Key point 10-09.1. Some courts have found churches liable on the basis of negligent supervision for a worker’s acts of child molestation on the ground that the church failed to exercise reasonable care in the supervision of the victim or of its own programs ...

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Posted:
  • March 1, 2019
  • Last Reviewed: March 22, 2021

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