Defamation and its cousin, false light invasion of privacy, were much more viable common law claims a century ago. A century ago damage to reputation was taken far more seriously than in the modern age. Defamation is hard to prove and harder to use as a theory of recovery for damages because causation of damages is difficult to prove. False light invasion of privacy has been flatly rejected as a common law cause of action in several states or simply folded into defamation law. In church litigation, defamation and false light claims, where permitted, do not fare well.

In Byrd v Deveaux, Memorandum Opinion (D. Maryland, 2019), the United States District Court granted summary judgment holding the pastor’s false light claim against the denomination and its bishop was barred by the Ecclesiastical Abstention Doctrine and the Ministerial Exception. The denomination publicly reported the pastor was placed on administrative leave, and recommended for “non-reappointment,” because alleged commingling of church funds and a loan default that persisted for eight years placed the church property in jeopardy. The pastor argued there was an exception to the applicability of the First Amendment Doctrines when the false light was based on “fraud or collusion.” However, pastor’s authority for the argument, the United States Supreme Court case, Gonzalez v Roman Catholic Archbishop of Manila, 280 US 1 (1929), which recognized the exception in dicta, was rejected as a holding in subsequent decisions.  Serbian E. Orthodox Diocese for U. S. of Am. & Canada v. Milivojevich, 426 U.S. 696, 714 (1976).

Church discipline, both local and denominational, remains outside the preview of secular civil courts because of the First Amendment shield with regard to pastors. While the First Amendment doctrines are more permeable as to non-members of the church or denomination, no such penetration seems likely as to pastors or members. While generally employment matters should be treated confidentially, as current events unfold, that luxury may no longer be available as to employee pastors. The positions of trust that pastors typically earn may simply lead to a level of transparency church organizations require to maintain their own credibility in the face of the failure of a pastor.

• church employment