How have the courts interpreted the meaning of defamatory statements in the context of defamation claims?

California, United States of America


The following excerpt is from Weller v. American Broadcasting Companies, Inc., 232 Cal.App.3d 991, 283 Cal.Rptr. 644 (Cal. App. 1991):

10 In analyzing the scope of constitutional protection, it is essential to recognize that respondents' claim was that the broadcasts implied certain defamatory statements. " '[I]f the defendant juxtaposes [a] series of facts so as to imply a defamatory connection between them, or [otherwise] creates a defamatory implication ... he may be held responsible for the defamatory implication, ... even though the particular facts are correct.' Prosser, The Law of Torts ( 116, 5th Ed. (Supp.1988)." (White v. Fraternal Order of Police (D.C.Cir.1990) 909 F.2d 512, 523.) Therefore, "it is the defamatory implication --not the underlying assertions giving rise to the implication--which must be examined to discern whether the statements are entitled to full constitutional protection." (Id.)

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