FREEDOM OF SPEECH: OMG, "Twibel" Claims? R U 4 Real?

Vol. 38 No. 3

The author, a senior editor of Litigation, is with Holland & Knight LLP, Washington, DC.

Can you imagine trying to tweet an argument supporting a motion to dismiss in a defamation action brought by, say, a restaurateur?

Pltf hz no COA. Opinions r protected if they dont contain verifiable fact. So in Vilardo v. Nolan, the court held the phrase “Ur golf swing is as graceful as an elephants” wasnt actionable; pachyderms dont hit the links. Likewise here saying the restaurants “pot roast tastes like dogfood” cant be verified—unless u really want to gross out a jury. Therefore my client wins.

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