Neb. Rev. Stat. » Chapter 25
Nebraska Revised Statutes

Neb. Rev. Stat. § 25-840 (2026)

Libel or slander; truth as defense; effect of actual malice

✓ current as of July 2026
Find cases: SyfertCases citing this section NE-LEGnebraskalegislature.gov JustiaChapter on Justia CornellLII Search CasesGoogle Scholar

In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either. The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice. Actual malice shall not be inferred or presumed from publication.

Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1969–2022 · leading case: Vodehnal v. Grand Island Daily Indep., 218 N.W.2d 220 (Neb. 1974).
Sort: Relevance Newest Treatment
Vodehnal v. Grand Island Daily Indep., 218 N.W.2d 220 (Neb. 1974). · cites it 12× “Section 25-840, R.R.S.1943, provides in part: "The truth in itself and alone shall be a complete defense unless it shall be proved by the plaintiff that the publication was made with actual malice.”
Recio v. Evers, 771 N.W.2d 121 (Neb. 2009). · cites it 3× “[28] Neb.Rev.Stat. § 25-840 (Reissue 2008). See, also, Neb.”
Choice Homes v. Donner, 976 N.W.2d 187 (Neb. 2022). · cites it 5× “5 See, Neb. Rev. Stat. § 25-840 (Reissue 2016); White v.”
Turner v. Welliver, 411 N.W.2d 298 (Neb. 1987). · cites it 5× “Neb. Rev. Stat. § 25-840 (Reissue 1985) provides: In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either.”
Whitcomb v. Nebraska State Educ. Ass'n, 165 N.W.2d 99 (Neb. 1969). · cites it 20× “The report also made recommendations to the Winnebago board of education and to the new superintendent concerning policies and programs.”
Young v. First United Bank of Bellevue, 516 N.W.2d 256 (Neb. 1994). · cites it 4× “" Neb.Rev.Stat. § 25-840 (Reissue 1989). Malice has been defined as hate, spite, or ill will.”
White v. Ardan, Inc., 430 N.W.2d 27 (Neb. 1988). · cites it 2× “Neb. Rev. Stat. § 25-840 (Reissue 1985) provides: In the actions mentioned in section 25-839, the defendant may allege the truth of the matter charged as defamatory .”
Molt v. Lindsay Mfg. Co., 532 N.W.2d 11 (Neb. 1995). · cites it 2× “Neb. Rev. Stat. § 25-840 (Reissue 1989). Lindsay asserted two affirmative defenses: truth and privilege.”
Helmstadter v. North Am. Biological, Inc., 559 N.W.2d 794 (Neb. Ct. App. 1997). · cites it 4× “But the truth itself and alone shall be a complete defense in a defamation action unless it shall be proved by the plaintiff that the publication was made with actual malice, and actual malice shall not be inferred or presumed from publication.”
Deaver v. Hinel, 391 N.W.2d 128 (Neb. 1986). “*533 § 25-840 (Reissue 1985), which states that the defendant may allege the truth of the matter charged as defamatory, prove the same and any mitigating circumstances to reduce the amount of damages, or prove either.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.