What is the test for defamatory meaning in the context of an allegation of mental illness?

California, United States of America


The following excerpt is from Good Government Group of Seal Beach, Inc. v. Superior Court, 150 Cal.Rptr. 258, 22 Cal.3d 672, 586 P.2d 572 (Cal. 1978):

[22 Cal.3d 697] Similarly, it has been held that charging a person with the kind of "paranoid thinking[586 P.2d 587] that you get from a schizophrenic" was "not legally capable of a defamatory meaning." (Fram v. Yellow Cab Company of Pittsburgh (W.D.Pa.1975) 380 F.Supp. 1314, 1323, 1330.) The court noted that in the context of a television talk show the audience was accustomed to hearing criticism and controversy, and would understand the comment as colorful rebuttal rather than an accusation of mental illness. (Id., at pp. 1329-1331.) 8

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