A reader asked me whether true reputation-injuring statements are categorically immune from defamation liability. (Let’s set aside for now invasion of privacy and other torts.) His state statute, he noticed, provided that such statements are protected only if they are said with “good motives” and for “justifiable ends.”
Historically, many state statutes indeed so limited the truth defense. Today, I expect that such limitations would be unconstitutional: Defamation liability is said to be constitutional because “there is no constitutional value in false statements of fact,” a rationale that doesn’t apply to true statements. As to statements on “public issues,” the Court has expressly rejected the good motives/justifiable ends limitation. But my sense is that such a limitation would be rejected as to private-concern statements, too; and I know of no modern cases that continue to apply the limitation.
Except, that is, for the remarkable case of Johnson v. Johnson, 654 A.2d 1212 (R.I. 1995). The facts:
On the evening of August 29, 1986, plaintiff entered Twin Oaks Restaurant in Cranston and proceeded to walk to the podium. While at the podium, plaintiff [ex-wife] saw defendant [her ex-husband] approach and ask her how her