concurring.
In this specific case, I concur in the result only. I write to note that the majority may have painted with too broad a brush when they pose the question “whether a governmental unit may sue for defamation” and answer unequivocally “no”.
I believe there may be a circumstance where the alleged defamation of a governmental unit may be actionable, particularly where the governmental unit is solely performing a proprietary function. Consequently, I would restrict this holding to these specific parties and facts.1
. E.g. “Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities”. Bush v. Gore, 531 U.S. 98, 109, 121 S.Ct. 525, 148 L.Ed.2d 388 (2000).