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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