Also known as: lacking privilege · no privilege · unprivileged
Written by attorneys · grounded in primary & secondary sources — see below
The absence of a legal justification or immunity that would otherwise shield conduct from civil or criminal liability. This absence removes protection that might otherwise bar recovery or conviction for an otherwise actionable act.
Lola Langley emailed a memo accusing Lucas Lee of embezzling client funds and sent it to three coworkers. The recipients read the memo and discussed it at a staff meeting. Because the publication lacked any applicable privilege, Lucas's defamation claim proceeded on the unprivileged communication alone.
A prosecutor learned that a key witness had recanted and that the recantation reduced the defendant's culpability. The prosecutor kept the information from defense counsel until after sentencing. The failure to disclose the unprivileged mitigating facts violated the disclosure obligation.
Select any source to read its text and confirm it supports the definition.
Luke Latham faced an unprovoked punch from an intruder who had no right to enter the premises. Luke responded with a single shove that caused no serious injury. The shove was justified because it countered unprivileged harmful contact.
Lillian Locke swung a metal pipe at an approaching assailant after the assailant had already delivered unprivileged blows. The pipe swing created a substantial risk of permanent injury. The court measured the force against the serious-bodily-harm standard to decide whether the response stayed within privilege limits.
Legacy Motors published a brochure falsely implying that Luis Lopez endorsed its products. The company knew the implication was false and intended to boost sales through the unprivileged use of his likeness. Luis's false-light claim turned on proof of that intent to affect his interests without privilege.
A magazine printed altered quotations attributed to a public figure that portrayed him as erratic. The figure sued for defamation. The court examined whether the alterations removed any claim of privilege that might otherwise have protected the publication.
It supplies the required element of an unprivileged publication to a third party. Without that showing the claim fails even if the other elements are met.
Self-defense is available only against unprivileged harmful or offensive contact. Privileged contact, such as lawful police action, does not trigger the defense.
Yes. The duty requires timely disclosure of all known evidence that tends to negate guilt or mitigate the offense, including at sentencing.
It completes an element of certain privacy or disparagement claims when the defendant acts without legal justification or immunity.
…Amendment speaks not only of due process but also of "privileges and immunities" of United States citizenship. I can conceive of no privilege or immunity with a higher claim to recognition against state abridgment than the freedoms of speech and of the press. In our federal system we are all subject to two governmental regimes,…