Lawyers for New York Mayor Michael Bloomberg are arguing that a Smyrna gun dealer’s federal defamation case against the mayor and his top executives should be tossed out because public officials in New York cannot be held personally liable for statements-even defamatory ones-that are made in the course of their official duties.

Unlike Georgia, which extends to its public officials a qualified privilege that does not permit them to make defamatory statements with legal impunity, New York “extends absolute privilege for comments made by public officials in the course of their official duties,” according to a brief filed by New York City’s lawyers in U.S. District Court in Atlanta.

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