Guard Your Tongue
False statements can put churches in hot water.
Confidentiality
Fiduciary Duty and Legal Liability
Breach of fiduciary duty is difficult to prove in court.
When Can Members Inspect Church Records?
Know how to respond when a member of your church asks for access to your records.
Q&A: What Is the Difference Between “Privileged” Communications and “Confidential” Communications?
What is the difference between “privileged” communications and “confidential” communications? The concepts of privilege and
Can Churches Inspect Employees’ Computers?
Church computers can be a great blessing. Just ask any church employee who was hired
Disclosing a Child Abuse Reporter’s Identity
Can the state reveal reporting sources?
Q&A: Inspecting Church Contribution Records
Can pastors and board members review what people give?
Woman Sues Pastor for Divulging Confidential Information
Court rules that the First Amendment prevents it from resolving case.
Clergy-Penitent Privilege in Court Cases
The clergy-penitent privilege may be lost if a counselee seeks out a minister for spiritual counsel in the presence of one or more third persons.
Communication Between Pastors and Denominational Officers
Not every conversation between clergy and denominational officials is protected by the clergy-penitent privilege.
Disclosing Confidential Statements in Court
A Military court ruled that a confession made by a soldier to his pastor was protected by the clergy-penitent privilege despite the presence of the soldier's wife during some of the counseling.
Q&A: What’s the Difference Between “Privileged” and “Confidential” Communication?
Two confusing legal concepts made clear.
Chaplains and Miranda Warnings
It is important for police chaplains to clearly understand when they are required to provide Miranda warnings.
Clergy-Penitent Privilege and Confidentiality
In many states, the presence of third persons during a conversation with a minister will prevent the conversation from being privileged.
Confidentiality
A Florida court ruled that a student at a religious high school could not sue the school as a result of the disclosure of his sexual orientation.
Privacy
A federal appeals court ruled that an employee did not have an expectation of privacy in his workplace computer.
Defamation – Part 2
A District of Columbia court of appeals ruled that a pastor could be sued for defamation for falsely informing a public gathering.
Confidential and Privileged Communications
In order for the clergy-penitent privilege to apply there must be a communication that is made to a minister.
Confidential and Privileged Communications – Part 2
A California court ruled that the clergy-penitent privilege did not apply to letters sent to a pastor.
Employment Practices – Part 2
An employer's use of the Minnesota Multiphasic Personality Inventory (MMPI) test in making employment decisions violates the Americans with Disabilities Act.