Does the First Amendment protect statements that express an opinion?
MultiRegion, United States of America
The following excerpt is from Fasi v. Gannett Co., 114 F.3d 1194 (9th Cir. 1997):
The First Amendment protects statements if they express an author's opinion and that opinion does not imply a false assertion of fact. E.g., Partington v. Bugliosi, 56 F.3d 1147, 1153 (9th Cir.1995). In its First Amendment analysis, this court considers the general tenor of the work, the defendants' language in the article, and whether the statements are capable of being proved true or false. Id. A review of the editorial at hand shows that the First Amendment protects the article.
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