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Illinois courts [8] required that the factual basis of a statement must be clearly disclosed for it to qualify as opinion. Any statement of opinion without underlying facts is to be treated as a factual assertion per se. If it implies the existence of undisclosed facts which are false and defamatory, it is actionable.
False light privacy claims often arise under the same facts as defamation cases, and therefore not all states recognize false light actions. There is a subtle difference in the way courts view the legal theories—false light cases are about damage to a person's personal feelings or dignity, whereas defamation is about damage to a person's ...
Gertz v. Robert Welch, Inc., 418 U.S. 323 (1974), was a landmark decision of the US Supreme Court establishing the standard of First Amendment protection against defamation claims brought by private individuals.
The Supreme Court adopted the actual malice standard in its landmark 1964 ruling in New York Times Co. v. Sullivan, [2] in which the Warren Court held that: . The constitutional guarantees require, we think, a Federal rule that prohibits a public official from recovering damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with ...
Danny Elfman has lost a bid to dismiss a defamation lawsuit brought by fellow composer Nomi Abadi over statements he made to Rolling Stone in 2023 that were included in an investigative piece ...
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In no state can a defamation claim be successfully maintained if the allegedly defamed person is deceased. Section 230 of the Communications Decency Act of 1996 generally immunizes from liability parties that create fora on the Internet in which defamation occurs from liability for statements published by third parties. This has the effect of ...
An expelled Yale University student who was acquitted of sex assault charges in 2018 is now suing 15 women's advocacy groups and an attorney for defamation after being called a “rapist” in a ...