speaker abuses privilege (Iowa) · Go Syfert
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speaker abuses privilege in Iowa

5 Iowa opinions name it 2 courts 2018–2025 2 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Kliebenstein v. IA CONF. OF UN. MET. CHURCHgreen
iowa · 2003 · cited in 2 Iowa opinions naming this issue, 2020–2021
2 sentences

2021“Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement ‘beyond the group interest.’ ” Bandstra, 913 N.W.2d at 48 (quoting Kliebenstein, 663 N.W.2d at 407).

2020“Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement ‘beyond the group interest.’” Id. at 48 (quoting Kliebenstein v. Iowa Conference of United Methodist Church, 663 N.W.2d 404, 407 (Iowa 2003)).

22
Valerie Bandstra, Anne Bandstra, Ryan Bandstra and Jason Bandstra v. Covenant Reformed Churchgreen
iowa · 2018 · cited in 2 Iowa opinions naming this issue, 2021–2025
2 sentences

2025Instead, citing Restatement (Second) of Torts § 593 (1977),6 the court held, “Our task is simply to determine whether the occasion of [the] statement was qualifiedly privileged; if the occasion was so privileged, it must then be determined whether that privilege was abused.” Id.; see also Bandstra v. Covenant Reformed Church, 913 N.W.2d 19, 48 (Iowa 2018) (“Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement ‘beyond the group interest.’” (citation omitted)).

2021“Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement ‘beyond the group interest.’ ” Bandstra, 913 N.W.2d at 48 (quoting Kliebenstein, 663 N.W.2d at 407).

12
Brewer v. Second Baptist Churchgreen
cal · 1948 · cited in 2 Iowa opinions naming this issue, 2018–2018
2 sentences

2018Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement "beyond the group interest." Id. (quoting Brewer v. Second Baptist Church of L.A. , 32 Cal.2d 791 , 197 P.2d 713 , 717 (1948) (en banc)).

2018Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement "beyond the group interest." Id. (quoting Brewer v. Second Baptist Church of L.A. , 32 Cal.2d 791 , 197 P.2d 713 , 717 (1948) (en banc)).

12

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Barreca v. Nickolas green
iowa · 2004
2 sentences

2025“Generally, the former question is for the judge; the latter for the jury.” Barreca, 683 N.W.2d at 118 .

2020“Qualified privilege may be lost, however, if the speaker abuses the privilege by speaking with actual malice or excessively publishing the statement ‘beyond the group interest.’” Id. at 48 (quoting Kliebenstein v. Iowa Conference of United Methodist Church, 663 N.W.2d 404, 407 (Iowa 2003)).

42018–2025

Where else courts name it

IA 5 (2018–2025) TX 3 (2000–2003) ME 2 (2008–2010)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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