How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Richard Your Own Question
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 55278
Experience:  Attorney with 29 years of experience.
17027240
Type Your Legal Question Here...
Richard is online now
A new question is answered every 9 seconds

If you say you think someone and say their name is

Customer Question

if you say you think someone and say their name is ***** ***** something is that slander.....or is it just expressing an opinion
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.

Good afternoon. My name is ***** ***** I look forward to helping you.

One, to sustain a defamation case (which includes slander and/or libel), a person ("Person A") must prove 4 things: (i) another person ("Person B") conveyed a defamatory message they knew or should have known to be false; (ii) the material was published (i.e., conveyed to someone other than Person A); (iii) Person A can be identified as the person referred to in the defamatory material; and (iv) Person A suffered an injury to Person A's reputation as a result of the communication.

A frequent defense against a claim of defamation is that the statement was nothing more than an "opinion." The opinion defense guidelines were established in the U.S. Supreme Court case of Milkovich v. Lorain Journal Co. In that case, the Supreme Court defined two categories of opinion protected by the First Amendment that would not constitute defamation. One, statements that are not “provable as false,” meaning the language cannot be proved true or false by a core of objective evidence. This would include any statement of subjective belief based on disclosed true facts. Two, statements that cannot reasonably be interpreted as stating actual facts...i.e., “loose, figurative, or hyperbolic language which would negate the impression that the writer was seriously maintaining” an actual fact, or where the “general tenor of the article” negates the impression that actual facts are being asserted.