How this document has been cited

However, it is unnecessary for Novella to be a member of the institutional press for the First Amendment defamation rules to apply to him.
- in Tobinick v. Novella, 2015 and 10 similar citations
Thus, the jury should have been instructed it could not find Cox liable for defamation unless it found she acted negligently.
- in THE PRESS AND THE CONSTITUTION 50 YEARS AFTER NEW YORK TIMES V. SULLIVAN ... and 8 similar citations
—allegation that bankruptcy trustee was participant in defrauding investors was matter of public concern
- in Gleason v. Smolinski, 2015 and 6 similar citations
—negate that impression; and (3) whether the statements in question were susceptible of being proved true or false
- in The Case for Defamatory Opinion and 6 similar citations
The Ninth Circuit did not, however, identify or discuss the reasons supporting these conclusions. For example, the Ninth Circuit did not explain why the blogger' s allegations that plaintiffs engaged in severe criminal conduct would not lead some readers to conclude that the statements implied the assertion of underlying or undisclosed facts. This is particularly …
- in The Case for Defamatory Opinion and 4 similar citations
In the defamation context, a statement expresses an opinion if it " `cannot reasonably be interpreted as stating actual facts. "
- in Yes On 24-367 Committee v. Deaton, 2016 and 4 similar citations
Second, relying on federal cases, defendant asserts that his statements are not defamatory because, in his view, the context of the statements demonstrates that they are figurative, rhetorical, or hyperbolic.
- in Neumann v. Liles, 2014 and 5 similar citations
Since Unelko, the Ninth Circuit has consistently used that three-part inquiry to determine whether a reasonable factfinder could conclude that a statement implies an assertion of objective fact
- in Neumann v. Liles, 2016 and 3 similar citations
We agree with the district court that O'Brien's expression of his views, as described in his complaint, "qualifies as constitutionally protected activity" under the First Amendment.
- in O'BRIEN v. Welty, 2016 and 4 similar citations
—finding that the First Amendment protects blog posts equally to traditional journalism for purposes of defamation suits
- in O'BRIEN v. Welty, 2016 and 3 similar citations