[Download] "John N. Tolar v. Edward H. Johns" by Second District Court of Appeal of Florida # eBook PDF Kindle ePub Free

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eBook details

• Title: John N. Tolar v. Edward H. Johns
• Author : Second District Court of Appeal of Florida
• Release Date : January 28, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 59 KB

Description

This case is before us for review on a petition for certiorari accompanied by a certificate of the District Court of Appeal, Third District, "that the decision of this court passes upon a question of great public interest in that our decision involves the question of whether executive officials of county government are absolutely privileged as to defamatory publications made in connection with their office." Thus the issues are clearly defined. That the publication was defamatory; that they were made in connection with the office and arose out of an official and authorized act; that the county official was an "executive official" of Dade County, are all admitted. The sole question for our decision - and admittedly one of profound importance to the public - is whether such publications are absolutely privileged; that is to say, whether, no matter how false or malicious words spoken or written by an executive official of government may be, such public servant is protected by the law from suit or damages by or in the favor of the person wronged. That such protection is afforded public servants in the judicial and legislative branch of government is not questioned. The question here, as we have stated, is whether the same immunity should be extended to the executive branch of government. We think it should - but before discussing the question and our reasons for this conclusion, a statement of the factual background of this litigation seems appropriate.

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