Massachusetts General Laws

Mass. Gen. Laws ch. 231, § 92 (2026)

Truth as justification for libel

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Section 92. The defendant in an action for writing or for publishing a libel may introduce in evidence the truth of the matter contained in the publication charged as libellous; and the truth shall be a justification unless actual malice is proved.

Notes of Decisions

Cited in 39 cases (7 in the last 5 years), 1923–2025 · leading case: Noonan v. Staples, Inc., 556 F.3d 20 (1st Cir. 2009).

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Noonan v. Staples, Inc., 556 F.3d 20 (1st Cir. 2009). · cites it 6× “Staples countered that the evidence clearly established that Noonan did indeed violate the company’s travel and expense policy, and that the e-mail was consequently true and no libel action could lie.”

Shaari v. Harvard Student Agencies, Inc., 26 Media L. Rep. (BNA) 1730 (Mass. 1998). · cites it 4× “The judge denied the motion, primarily relying on G. L. c. 231, § 92. The report raises the question whether § 92 unconstitutionally infringes on the defendants’ freedom of speech, as guaranteed by the First Amendment to the United States Constitution and art.”

Doe v. Amherst Coll., 238 F. Supp. 3d 195 (D. Mass. 2017). “Mass. Gen. Laws ch. 231, § 92 . “On the constitutional side, the Supreme Court—reading the First Amendment (made binding on the states through the Fourteenth)—‘has hedged about defamation suits’ with lots of ‘safeguards designed to protect a vigorous market in ideas and opinions.”

Ravnikar v. Bogojavlensky, 782 N.E.2d 508 (Mass. 2003). “See G. L. c. 231, § 92. The scope of the statute, however, is limited by the provisions of the First Amendment to the United States Constitution.”

Shay v. Walters, 702 F.3d 76 (1st Cir. 2012). “Mass. Gen. Laws ch. 231, § 92 ; White v. Blue Cross & Blue Shield of Mass.”

White v. Blue Cross & Blue Shield of Massachusetts, Inc., 21 I.E.R. Cas. (BNA) 705 (Mass. 2004). “By statute, Massachusetts permits a plaintiff to recover for a truthful defamatory statement published in writing (or its equivalent) with actual malice, G. L. c. 231, § 92, except as confined by the requirements of the First Amendment to the United States Constitution.”

Phelan v. May Dep't Stores Co., 819 N.E.2d 550 (Mass. 2004). ““By statute, Massachusetts permits a plaintiff to recover for a truthful defamatory statement published in writing (or its equivalent) with actual malice, G. L. c. 231, § 92, except as confined by the requirements of the First Amendment to the United States Constitution.”

Piccone v. Bartels, Jr., 785 F.3d 766 (1st Cir. 2015). “" Mass. Gen. Laws ch. 231, § 92 . The district court concluded that although there were genuine issues of material fact concerning whether Defendant made his statements with actual malice, the Actual Malice Statute did not provide an alternate avenue for recovery because it…”

Walker v. President & Fellows of Harvard Coll., 82 F. Supp. 3d 524 (D. Mass. 2014). · cites it 2× “Mass. Gen. Laws Ann. ch. 231, § 92 (West).”

Barrows v. Wareham Fire Dist., 976 N.E.2d 830 (Mass. App. Ct. 2012). “Massachusetts, by statute, allows a plaintiff to recover for a truthful defamatory statement if it was published in writing (or its equivalent) and with actual malice.”

Materia v. Huff, 475 N.E.2d 1212 (Mass. 1985). · cites it 2× “6 The judge referred to G. L. c. 231, § 92, in his instructions. That statute provides: “[TJruth shall be a justification [for libel] unless actual malice is proved.”

Rotkiewicz v. Sadowsky, 730 N.E.2d 282 (Mass. 2000). “Harvard Student Agencies, Inc., All Mass. 129, 134 (1998); Materia v.”

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