Brewer v. Second Baptist Church

In Brewer v. Second Baptist Church (1948) 32 Cal.2d 791, the Court confronted a suit brought by two members of a church against the pastor and two of its lay leaders who, plaintiffs contended, were responsible for defamatory and false statements contained in charges brought against them before the church membership. The plaintiffs were expelled on the basis of the charges, and a press release reporting the action of the church was given the local press. On the question of privilege, the court stated: "Ordinarily, the common interest of the members of a church in church matters is sufficient to give rise to a qualified privilege to communications between members on subjects relating to the church's interest. A privilege would exist in this case if the publication had been made without malice and the occasion had not been abused." ( Id., at pp. 796-797.)