Defamation

One of the most common misconceptions is that the right to free speech offers absolute protection against defamation. This right and the others enumerated in the Bill of Rights only protects individuals from state or government action. There is no private right to absolute free speech. Truth, however, is an absolute defense to defamation. True statements cannot be defamatory. Similarly, if the plaintiff cannot prove objective truth or falsity of a statement, it cannot be defamatory. Opinion speech also can be protected, but this is not absolute. If the opinion implies it is based on defamatory facts, it still may constitute defamation. Simply qualifying a defamatory statement with, “it is my opinion that…” will not protect the statement against a defamation claim.

Numerous other privileges exist, including:

• judicial proceedings;
• substantial truth;
• fair comment;
• fair report;
• wire service

Under Arizona law, the one-year statute of limitations also may provide a defense to defamation claims.