Is truth the ultimate defense to defamation in the USA?
<ol>
<li><p>Is truth the ultimate defense to a defamation lawsuit in the USA?  </p></li>
<li><p>Does a defamation defense vary between states?  </p></li>
<li><p>Even if the release of truthful information results in permanent career damage (i.e. loss of job, reputation, etc.) to someone, the truth would protect the author from a defamation lawsuit, correct?</p></li>
</ol>

<blockquote>
  <p>Is truth the ultimate defense to a defamation lawsuit in the USA?</p>
</blockquote>

<p>Truth is an absolute defense to defamation lawsuits in modern U.S. law (this was not always the case historically) as a matter of constitutional law in every state.</p>

<p>In some kinds of defamation lawsuits (but not all kinds of defamation lawsuits), "actual malice" which means knowing falsity or reckless disregard for the truth, must be shown, so even a negligently stated falsehood is not actionable in those special kinds of defamation cases (mostly cases with public figure plaintiffs, media defendants, and/or case involving matters of public concern).</p>

<blockquote>
  <p>Does a defamation defense vary between states?</p>
</blockquote>

<p>While most aspects of defamation law are mandated by the U.S. Constitution and a shared common law tradition, there are some slight and subtle differences between the states in defamation law, mostly concerning defamation suits by non-public figures against non-media defendants concerning matters that are not a matter of public concern. This impacts whether "actual malice" must be shown and can influence the burden of proof in defamation cases.</p>

<p>Statutes of limitation for defamation suits also vary significantly between states.</p>

<blockquote>
  <p>Even if the release of truthful information results in permanent
  career damage (i.e. loss of job, reputation, etc.) to someone, the
  truth would protect the author from a defamation lawsuit, correct?</p>
</blockquote>

<p>Yes. Keep in mind, however, that a defamation lawsuit is a suit for damage to one's reputation caused by a false statement. Sometimes disclosures of truthful information constitute an actionable tort other than defamation, however.</p>

<p>For example, there would potentially be a civil action against someone who had signed a non-disclosure agreement for revealing truthfully information that the person sued contractually agreed not to disclose (e.g. the terms of the settlement agreement in a court case with a non-disclosure/confidentiality term, or the recipe for a restaurant's secret sauce that is a trade secret).</p>

<p>Similarly, a doctor who revealed confidential patient medical information that was true could be sued.</p>

<p>But, usually, in the absence of a particularlized confidentiality duty, truth is an absolute defense.</p>

united-states defamation