The following excerpt is from Cianci v. New Times Pub. Co., 639 F.2d 54 (2nd Cir. 1980):
12 We find nothing in Orr v. Argus Press Co., 586 F.2d 1108 (6 Cir. 1978), cert. denied, 440 U.S. 960, 99 S.Ct. 1502, 59 L.Ed.2d 773 (1979), relied on by the district court, that would support its conclusion. The question in that case was whether an otherwise accurate report of an indictment for violations of a Michigan securities statute was actionable because the report characterized the indictment as charging fraud and swindling. Although the court held that the use of these words constituted only a protected opinion as to the meaning of the indictments, nothing suggests that, absent the indictment, the court would have bestowed immunity on charges that plaintiff had engaged in fraud or swindling. In any event the Orr court found that the report's characterizations were factually true, see id. at 1112-13.
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.