¶1(concurring):
¶2I concur, hut I do not think there should he any inference that liability would attach if. the alleged statement was defamatory per se. Whether it is defamatory per se or per quod is immaterial. The justice has an absolute immunity from any liability for that which he writes in his official opinions. The law is set out in Prosser, Law of Torts, 3d Ed., p. 796, and cases cited therein, as follows:
The judge on the bench must be free to administer the law under the protection of the law, independently and freely, without fear of consequences. No such independence could exist if he were in daily apprehension of having an action brought against him, and his administration of justice submitted to the opinion of a jury. As in the case of other acts in his judicial capacity, therefore, the judge is absolutely privileged as to any defamation he may utter, ….