Practice point: Opinions, even if false or libelous, are constitutionally protected and may not be the subject of private damage actions, if the facts supporting the opinions are set forth.
Students should note that the standard is whether a reasonable reader, aware of the full context and circumstances of the communication, would recognize the allegedly defamatory statements as expressions of opinion.
Case: Kidd v. Epstein, NY Slip Op 09562 (1st Dept. 2010)
Here is the decision.
Tomorrow’s issue: Torts.
