Also known as: substantial truth · truth defense · gist of the truth
Written by attorneys · grounded in primary & secondary sources — see below
A characterization of a statement whose minor inaccuracies do not render it false because the substance, gist, or sting of the charge is justified. The test focuses on whether the publication as a whole would have produced the same effect on the mind of the reader as the precise truth.
Sylvia Santos sued a local television station after a segment reported that she had been arrested for fraud when in fact she had only been questioned and released. The station's records showed she had engaged in the underlying financial transactions described. The court dismissed the claim because the reporting remained substantially true despite the inaccuracy about the arrest.
Scott Summers sued a magazine after it printed a quote attributing to him a boast about hosting wild parties at Anna Freud's house. Summers had made taped remarks describing his lifestyle and sexual history in similar terms. The court held the quote substantially true because the sting of the published passage matched the substance of his recorded comments.
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Simone Sanders, a judicial candidate, sued a newspaper that reported she had offered to confront the incumbent judge with secretly recorded tapes. The paper had spoken with multiple witnesses who confirmed the core events. The Supreme Court upheld the jury finding of actual malice but noted that the story would have been protected if the gist had been substantially true.
Seth Shapiro sued a newspaper columnist who wrote that he had lied under oath during an investigation into point-shaving. The columnist had based the column on an opinion that Shapiro's testimony was inconsistent with known facts. The Supreme Court held that the statement could be actionable if it implied a false assertion of fact rather than pure opinion.
Samantha Stone sued a patent-medicine seller that published an advertisement stating she prescribed its product for gout. The advertisement was based on a conversation in which she had mentioned the product's effects without endorsing it. The court denied relief because the published statement was substantially true in its description of her professional conduct.
Sasha Stone sued a magazine that reported he had fixed a football game. The magazine possessed affidavits and game films showing suspicious plays but had not verified every detail. The Supreme Court noted that the report would be protected if the core facts were substantially true even if some peripheral details were inaccurate.
A statement is substantially true when the substance, gist, or sting of the libelous charge is justified despite minor inaccuracies. Courts compare the effect the publication would have on the mind of the reader with the effect of the precise truth.
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No. The doctrine protects any defendant whose statement is substantially true, whether or not the defendant is a media entity. The focus remains on whether the gist of the charge is justified.
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A finding that the statement is substantially true defeats the falsity element of defamation regardless of the defendant's state of mind. If the statement is substantially true, the plaintiff cannot prevail even if the defendant acted with actual malice.
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No. Specific charges cannot be justified by showing the plaintiff's general bad character. The defendant must show that the particular defamatory assertion is substantially true.
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…whether a statement alleged to be defamatory must actually be false, or whether it is sufficient that the statement is not substantially true. Nor did it decide what type of statement must be provable as false. Expressions of opinion may often imply an assertion of objective fact, and, in such cases, the protections of the First…