What is the test for determining whether a statement is factual?

First, we look at the statement in its broad context, which includes the general tenor of the entire work, the subject of the statements, the setting, and the for-mat of the work. Next we turn to the specific context and content of the statements, analyzing the extent of figurative or hyperbolic language used and the rea-sonable expectations of the audience in that particu-lar situation. Finally, we inquire whether the statement itself is sufficiently factual to be suscepti-ble of being proved true or false.

Gilbrook, 177 F.3d at 862 (quoting Underwager v. Channel

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