According to Florida law, a court determines if a statement is defamatory by examining it in the context of its publication, considering all the surrounding circumstances:
To determine whether a statement is actionable, the court must examine it in the context in which it was published. The court must consider all the words used, not merely a particular phrase or sentence. In addition, the court must give weight to cautionary terms used by the person publishing the statement. Finally, the court must consider all of the circumstances surrounding the statement, including the medium by which the statement is disseminated and the audience to which it is published. Demby v. English, 667 So.2d 350, 355 (Fla. 1st DCA 1995) (quoting Smith v. Taylor *923 County Pub. Co., Inc., 443 So.2d 1042, 1047 (Fla. 1st DCA 1983)); Keller v. Miami Herald Pub. Co., 778 F.2d 711, 717 (11th Cir.1985).
See: Morse v. Ripken, 707 So. 2d 921
Related:
- Defamation Cases Where Plaintiffs Were Victorious
- Defamation of Character Claims
- Defenses to Defamation Lawsuits
_______________
Do you have questions or comments? Then please feel free to send Alan an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.
