California, United States of America
The following excerpt is from Rosenaur v. Scherer, 105 Cal.Rptr.2d 674, 88 Cal. App.4th 260 (Cal. App. 2001):
"Whether published material is reasonably susceptible of an interpretation which implies a provably false assertion of fact --- the dispositive question in a defamation action -- is a question of law for the court. [Citations.]" In all cases, "[t]he dispositive question for the court is whether a reasonable fact finder could conclude that the published statements imply a provably false factual assertion. [Citation.]" (Moyer v. Amador Valley J. Union High School Dist. (1990) 225 Cal.App.3d 720, 724-725; Couch v. San Juan Unified School Dist., supra, 33 Cal.App.4th at p. 1500.) "Courts must be cautious lest we inhibit vigorous public debate about . . . public issues. If we err, it should be on the side of allowing free-flowing discussion of current events. We must allow plenty of 'breathing space' for such commentary." (Rudnick v. McMillan (1994) 25 Cal.App.4th 1183, 1193.)
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.