Hoar v. Wood

From Conservapedia

In Hoar v. Wood, 44 Mass. 193 (1841), the Massachusetts Supreme Court held that there is an absolute privilege against claims of defamation for any courtroom statement relevant to the subject matter of the proceeding. In the case of lawyers the privilege extends to their briefs and pleadings as well. See generally 1 T. Cooley, Law of Torts § 153 (4th ed. 1932); 1 F. Harper & F. James, supra, § 5.22.

Chief Justice Shaw state the policy basis for this rule:

Subject to this restriction [of relevancy], it is, on the whole, for the public interest, and best calculated to subserve the purposes of justice, to allow counsel full freedom of speech, in conducting the causes and advocating and sustaining the rights, of their constituents; and this freedom of discussion ought not to be impaired by numerous and refined distinctions.

Id. at 197-198.